Latest news with #CouncilonEnvironmentalQuality
Axios
3 days ago
- Politics
- Axios
Three takeaways from the Supreme Court's big NEPA ruling
Here are three takeaways from Thursday's Supreme Court ruling that put new limits on federal reviews of infrastructure and energy projects. Why it matters: Narrowing the National Environmental Policy Act's scope has giant implications for President Trump's pro-fossil "energy dominance" agenda. 1. This case is sneakily a huge deal. It wasn't among the highest-profile SCOTUS battles that touch environmental policy, like the "Chevron deference" and "major questions" rulings. But a spin through the docket shows that powerful K Street lobbies, environmentalists, and senior members of Congress all took keen interest. 2. It could have long-term climate policy effects. One thing to watch over the horizon is how much it curtails future presidents from stitching carbon emissions into project decisions. Biden-era officials were taking steps in that direction, though Trump 2.0 has been reversing them, such as this week's formal withdrawal of 2023 Council on Environmental Quality guidance. 3. It could have unpredictable effects. A hot center-left view these days is that NEPA (and other review layers) make it too hard to build anything — including low-carbon infrastructure. Aidan Mackenzie of the Institute for Progress, writing on X, shouts out Justice Brett Kavanaugh for being "full abundance-pilled." The Kavanaugh-written decision says NEPA thwarts all kinds of projects — including transmission and wind turbines. Check out Mackenzie's entire thread, which delves into what discretion agencies will and won't have under the ruling. Catch up quick: The case centered on federal approval of an 88-mile railway to carry oil from Utah's Uinta basin to larger rail networks and Gulf Coast refineries. It reverses an appellate ruling that regulators needed to weigh matters beyond the railway's direct effects, such as drilling impacts, refining pollution and climate change. "NEPA does not allow courts, 'under the guise of judicial review' of agency compliance with NEPA, to delay or block agency projects based on the environmental effects of other projects separate from the project at hand," the 8-0 decision states. The court's three liberals issued a concurrence on the fresh limits on NEPA reviews weighing upstream and downstream project effects. But they ding the majority for "unnecessarily grounding its analysis largely in matters of policy." What they're saying: The American Petroleum Institute applauded the court's "long overdue steps to restore NEPA to its original intent." But API said "common-sense permitting reform" is still needed. On the flip side, the Center for Biological Diversity said the ruling "guarantees that bureaucrats can put their heads in the sand" on how projects affect ecosystems, wildlife and the climate.
E&E News
13-05-2025
- Politics
- E&E News
Trump weighs axing climate guidance for NEPA reviews
The Trump administration is considering eliminating Biden-era guidance that made it easier for low-carbon projects to receive federal permits, according to a document viewed by POLITICO's E&E News. The White House's plan arrives as the administration truncates environmental reviews for contentious energy projects like uranium mines, restricts climate-focused work and looks to upend the role of the Council on Environmental Quality. The document — which is circulating through federal agencies before potential publication in the Federal Register — would repeal January 2023 interim guidance calling for climate change to be considered extensively in reviews under the National Environmental Policy Act. The administration states that it is rescinding the guidance and 'will consider issuing new or revised GHG guidance.' Advertisement If implemented, the plan could affect energy projects ranging from pipelines to advanced nuclear plants, and help fossil fuel initiatives move forward more quickly.
Chicago Tribune
05-05-2025
- Politics
- Chicago Tribune
Hammond Governors Parkway project passes environmental review
Despite some residents' concerns, the city of Hammond's Governors Parkway project has received approval under the National Environmental Policy Act. 'The rigorous environmental review process is complete,' Mayor Tom McDermott said in a Friday news release. 'We have mitigated for all environmental aspects of the project including tree replacement, wetland mitigation, identification and protection of endangered species, among others. I'm happy to finally move forward with improving safety (responses) for our residents and solving the decades old problem of stopped trains in Hessville.' NEPA established a national policy for the environment and provided for the establishment of the Council on Environmental Quality, according to the act's website. The act requires federal agencies to assess environmental effects of proposed major federal actions before making decisions. Governors Parkway is a multimillion-dollar project that's an overpass linking 173rd Street and 169th Street between Parrish and Grand avenues. The project first had its public hearing two years ago, according to the city's news release. Hammond was the subject of a 2023 ProPublica article that found children would climb over or under stopped trains to get to school. According to Post-Tribune archives, McDermott said in May 2023 that Governors Parkway 'solves about 80% of the problem.' The overpass is about a mile away from where pedestrians were regularly crossing trains. In May 2023, McDermott was looking into the possibility of building an additional pedestrian bridge, which some residents said would cost more than $7 million. Governors Parkway was awarded more than $7 million from the U.S. Department of Transportation's Federal Railroad Administration through the Railroad Crossing Elimination grant program. In 2018, the project received $5.45 million from Indiana's Local Trax Program, providing state matching funds for rail crossing safety improvements. Terry Steagall, a member of opposition group Save Briar East Woods, reached out to the Indiana Department of Transportation with concerns about the project. Members of the Save Briar East Woods group are against the Governors Parkway project because it would go through the forest. Briar East Woods is a 4,000-year-old forest in Hammond's Hessville neighborhood and one of the last surviving remnants of the High Tolleston Dunes, according to Just Transition Indiana's website. Residents have argued the forest is a resource for all Northwest Indiana community members, and the city will struggle environmentally without it. Advocates also feel the city hasn't been transparent with residents about the project. On March 13, the city announced it would install a boundary fence around Briar East Woods, a city-owned, 18-acre parcel, according to Hammond's website. The fence was complete by March 18. 'The city needs to begin preparations for the Governors Parkway project. By fencing this area off, we are making sure that the trespassing, illegal motorized vehicle use, illegal drug and alcohol use, and illegal dumping that has been occurring in this area is minimized,' McDermott said in a March announcement. Lyndsay Quist, commissioner for the Indiana Department of Transportation, said in a message to Steagall that 'many alternatives were considered,' but Governors Parkway was determined to be the best option by the city of Hammond and INDOT. Steagall provided the Post-Tribune with Quist's May 1 message. 'Regarding environmental impacts, INDOT works hard to minimize environmental impacts from its projects and often provides mitigation when impacts are unavoidable,' Quist said. 'In this case, exhaustive studies of the soil were performed, and an in-depth analysis was conducted to determine if the wetlands are being affected. Trees are being removed as part of this project, but to mitigate those removals, more than $200,000 worth of trees are being added in other areas of the city.' McDermott had previously told the Post-Tribune that the city will replant two trees for each that is torn down in Briar East Woods. Residents have expressed concerns for that strategy because new trees won't help flooding concerns, as they aren't as large as Briar East Woods' oak trees and won't be in the same location. Quist told Steagall in her message that the project's environmental document was recently approved and is expected to be released in a few weeks. 'While we respect your concerns about the environmental impact of this project, as stated above, much has been done to mitigate those impacts while the public has had many chances to further influence the impacts from this project,' the message said. 'In addition, once constructed, this project will have a positive impact on the community and keep everyone safe.' The Governors Parkway project is expected to start construction in summer 2026 and be completed by the end of 2027, according to Hammond's news release.
Yahoo
25-02-2025
- Politics
- Yahoo
Trump Administration Moves To Streamline Environmental Reviews
Last week, the Council on Environmental Quality (CEQ) released an interim final rule to remove its National Environmental Policy Act (NEPA) guidelines. The rule was issued in response to President Donald Trump's executive order, "Unleashing American Energy," which also directs federal agencies to "undertake all available efforts to eliminate all delays within their respective permitting processes." The proposed rule will go into effect 45 days after its publication. The rule intends to reduce federal bureaucracy by reverting the mission of CEQ to its origins. The agency, which was created with the passage of NEPA, was originally intended to advise the executive branch on environmental matters and NEPA implementation. In 1977, President Jimmy Carter signed an executive order that required federal agencies to comply with NEPA regulations published by the CEQ. Since then, the council has been the guiding agency for the federal government's NEPA reviews. Trump's executive order reversed Carter's, which rescinded CEQ's regulatory authority over other federal agencies. The proposed rule, if implemented, would not strike down NEPA altogether (this would require congressional approval). Instead, it would remove CEQ's NEPA regulations from the federal register and allow federal agencies to use their own rules to comply with the law. Many agencies, including the Department of Energy, the Department of Housing and Urban Development, and the U.S. Forest Service, already have their own NEPA regulations in place. Any effort to streamline the NEPA process should be welcomed by all. Since its passage in 1969, the law has become a redundant, bureaucratic nightmare that has slowed down or killed key infrastructure, energy, and environmental projects. While paperwork is a contributing factor—in 2020 the CEQ found it took an average of 4.5 years and 600 pages to complete an environmental impact statement (stricter page and time limits were codified in the 2023 Fiscal Responsibility Act)—the main culprit is litigation. NEPA-related lawsuits can be filed up to six years after a project has been announced or a permit has been awarded, which primarily impacts forest management and energy development. After navigating red tape and paperwork for more than three years, litigation further delays forest restoration projects by an average of two years, according to the Property and Environment Research Center. Energy projects endure a similar fate and can face nearly four years of NEPA litigation before proceeding, per the Breakthrough Institute. Most of these lawsuits are brought forth by activists and national nonprofit organizations, who do not have a stake in the community where the project is taking place. They are also mostly unsuccessful—federal agencies won more than 80 percent of the NEPA lawsuits they faced from 2013 to 2022. Notably, Trump's executive order directs federal agencies to "prioritize efficiency and certainty over any other objectives, including those of activist groups, that do not align with policy goals" to increase energy production. Importantly, comprehensive environmental reviews under NEPA are not needed to protect the environment—several federal and state laws on the book are better equipped to do that, a fact that even Democratic presidents have recognized. For example, the Obama administration fast-tracked the NEPA process for more than 179,000 stimulus package projects to get money out the door as quickly as possible. Last year, Joe Biden exempted CHIPS Act awardees from complying with NEPA. The CEQ's interim rule may reduce NEPA-caused bureaucracy, which is sorely needed to streamline permitting in the United States. The Trump administration should go further and work with Congress to repeal the law outright. The post Trump Administration Moves To Streamline Environmental Reviews appeared first on
Yahoo
05-02-2025
- Politics
- Yahoo
North Dakota federal judge axes environmental rule
The William L. Guy Federal Building pictured on Dec. 18, 2024, in Bismarck. (Photo by Michael Achterling/North Dakota Monitor) A North Dakota federal judge on Monday delivered the latest blow to the federal Council on Environmental Quality, finding that the agency for decades has exercised regulatory authority it doesn't actually have. U.S. District Court Judge Dan Traynor in an order concluded that the council, established by Congress in 1969, was created to be an advisory body and cannot issue rules. He struck down a 2024 regulation adopted by the council that amends the environmental review process for projects the federal government funds and permits, including pipelines, highways, airports and other infrastructure. Traynor did not strike down other rules issued by the council, though he noted they are likely also unlawful. The council issued its first regulations in the late 1970s, after President Jimmy Carter issued an executive order directing the agency to implement the National Environmental Policy Act. The law requires agencies to conduct environmental reviews of certain federal projects. By and large, federal courts did not question the council's regulatory authority until late last year, when the U.S. Court of Appeals for the D.C. Circuit in a curveball decision found that the agency has no power to make rules. Traynor on Monday agreed with the circuit court. 'The truth is that for the past 40 years all three branches of government operated under the erroneous assumption that CEQ had authority,' he wrote. 'But now everyone knows the state of the emperor's clothing and it is something we cannot unsee.' The ruling also follows a January executive order by President Donald Trump rescinding the council's rulemaking authority and directing the council to roll back its regulations. Traynor's order came as part of a lawsuit filed against the council by 21 Republican-led states, including North Dakota, who argued the 2024 rule introduced onerous and unnecessary requirements that would hurt important infrastructure projects. The states also claimed the rules unlawfully over-emphasized climate change and environmental justice in the environmental review process. Plaintiff states didn't ask for all of the agency's regulations to be thrown out, just the 2024 rule. 'This decision is great for North Dakota, but also great for economic and infrastructure development around the entire country,' North Dakota Attorney General Wrigley said in a Tuesday statement on the ruling. A group of 13 other states, plus the District of Columbia, New York City and a handful of advocacy groups joined the case on the side of the Council on Environmental Quality. The defendants argued the council's work is vital to implement the National Environmental Policy Act, and to protect the environment and public health. They claim the 2024 rule replaced a weak regulation adopted in 2020 by the first Trump administration. In rescinding the 2024 rule, Traynor's ruling reinstates the 2020 rule. The council and co-defendants also argued that if Congress had a problem with the agency issuing rules, it could have passed a law clarifying this at any point over the last several decades. Traynor wrote that if that is true, then Congress still needs to pass legislation formally giving the council this authority. He said the agency made compliance with the National Environmental Policy Act much more cumbersome than the legislative branch intended. 'Congress did not tell CEQ to be hall monitors constantly requiring agencies to prove they have considered the environment,' he wrote. Traynor also criticized the federal government more broadly for what he called a 'disheveled hodgepodge of law surrounding administrative agencies and executive orders.' 'Power can be taken by force, given, or lost inch by inch,' he wrote. 'It is the job of Congress to enact the law. It is the job of the President to enforce the law. It is the job of the Judiciary to determine the boundaries of the law.' In a Tuesday news release, Earthjustice — an environmental law group that represented co-defendants in the case — said Traynor's order strips away one of the country's most important environmental regulations. 'The court's ruling will weaken environmental reviews and will further harm communities already struggling with polluted land, air, and water,' Jan Hasselman, attorney for Earthjustice, said in the announcement. Hasselman said Traynor's order should also be taken as a warning against the Trump administration's other executive orders rolling back environmental regulations. 'According to this court decision, many of Trump's actions are also illegal,' Hasselman said. The 21 plaintiff states are Iowa, North Dakota, South Dakota, Kentucky, Utah, Idaho, Wyoming, South Carolina, Kansas, Virginia, West Virginia, Tennessee, Arkansas, Florida, Georgia, Louisiana, Missouri, Montana, Nebraska, Texas and Alaska. The 13 states that joined the defense as intervenors are California, Oregon, Washington, Massachusetts, Colorado, Michigan, Illinois, Maine, Maryland, New Jersey, New Mexico, New York and Wisconsin. This article was first published by the North Dakota Monitor, part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. North Dakota Monitor maintains editorial independence. Contact Editor Amy Dalrymple for questions: info@
