Push resurfaces to exempt cell towers from NEPA: “Illinois Republican Rep. John Shimkus
introduced legislation to exempt communications facilities from environmental and historic preservation reviews. On April 10, Shimkus introduced the "Streamlining Permitting to Enable Efficient Deployment of Broadband Infrastructure Act of 2020," H.R. 6488,
which would allow telecommunications companies to forgo NEPA if a new facility is located in a public right of way or for a replacement facility. The legislation also excludes NEPA and historic preservation review for buildings with small antennas that meet
the Federal Communications Commission size limitations. The legislation aims to speed up the process for building new broadband technologies, including 5G networks. In 2018 the FCC issued an order rolling back NEPA and National Historic Preservation Act requirements
for small cell towers used for fifth-generation networks, or 5G. But the U.S. Court of Appeals for the District of Columbia Circuit struck down the order last year following a complaint from environmentalists, tribes and preservation advocates. Sens. Roger
Wicker (R-Miss.) and Catherine Cortez Masto (D-Nev.) introduced the "SPEED Act" in October 2017, but the legislation did not advance in the Senate. Shimkus previously introduced the House's version of the "SPEED Act" in January 2018, but the bill went nowhere
in the previous Congress. The current bill was referred to the House Energy and Commerce Committee and Natural Resources Committee. Shimkus is ranking member of the Energy and Commerce Subcommittee on Environment and Climate Change.”
[E&E News, 4/20/20]
https://bit.ly/3eEs6MC
Pebble mine opponents lose court case over 2014 EPA report: “Pebble opponents have lost
a court case against the proposed copper and gold mine in Alaska’s Bristol Bay region. U.S. District Court Judge Sharon Gleason ruled the U.S. Environmental Protection Agency could withdraw a “proposed determination” dating from 2014 about potential negative
mine impacts, Alaska Public Media reported. The EPA determination had concluded the mining project posed too great a threat to the salmon-rich waters of Bristol Bay. The judge's ruling was based on the amount of latitude government agencies have and what is
subject to legal review, rather than the merits or dangers of the mine. The case focused on a “preemptive veto” the EPA issued during the administration of President Barack Obama, before Pebble Limited Partnership filed an application for the mine in Southwest
Alaska. The mine's federal permit application is pending with the U.S. Army Corps of Engineers, and the EPA retains the right to veto the permit, a power that was not diminished by Friday's ruling. The mine proposal has loomed over the region for years. But
Pebble Limited Partnership did not apply for a permit while Obama was in office. The mining company and Alaska's congressional delegation have complained of government overreach, saying the EPA tried to veto the project before seeing an application. The mining
company eventually applied for a Clean Water Act permit in 2017.”
[AP, 4/20/20]
https://bit.ly/2KiVKcx
Chesapeake Bay ferry is still a bad idea, Electric Ferry Study says: “Maryland transportation
officials studied the possibility of an all-electric ferry as an alternative to a new bridge and as past studies have found, a service between Chesapeake Bay shores isn’t feasible — it would cost too much and there isn’t an all-electric ferry on the water
today that is big enough for the job. The legislature’s 2019 Joint Chairmen’s Report called for a study into a Maryland Transportation Authority-run, all-electric ferry service as an alternative to a third bridge. As first reported by the Chesapeake Bay Journal,
the Maryland Transportation Authority delivered the Electric Ferry Study in January. The study looked at how a ferry service could impact traffic congestion, but found that in order to make an impact, the state would need a bigger all-electric vessel than
is currently in operation. To make an impact on traffic, the ferry service would need four ships capable of carrying at least 400 vehicles each. The largest all-electric ferries on the water today have a capacity of 240, according to the study, which examined
ferry services across the globe. While a ferry service won’t work as a standalone option, ferry service in combination with other bridge alternatives could be examined in a Tier 2 National Environmental Policy Act study, if the Federal Highway Administration
approves a bridge crossing in its record of decision for the Tier 1 study. That decision is expected in 2021, according to the Maryland Transportation Authority’s website. A ferry route across the bay would also conflict with a federally-maintained navigation
channel connecting the mouth of the Chesapeake with the Port of Baltimore, and the authority wrote that commercial traffic under pilotage has the right-of-way.”
[Capital Gazette, 4/20/20]
https://bit.ly/2zgRNTw
Justin McCarthy
Director, NEPA Campaign
The Partnership Project
1612 K St, NW
Washington, DC 20006 USA
C: (540) 312-3797
E: jmccarthy@partnershipproject.org
The Partnership Project, a registered 501 (c) (3) non-profit, is a collaborative effort of over 20 of the country’s most influential advocacy organizations, including Sierra Club, Earthjustice, League of Conservation Voters, and Natural
Resources Defense Council.