Feds eye changes to a bedrock environmental law: “A linchpin environmental law is now being scrutinized by the Trump administration and could be targeted for reforms. The National Environmental Policy Act, commonly referred to as NEPA, dictates the environmental planning process for federal agencies. Any changes to the NEPA process could have far-reaching impacts on the vast public lands and infrastructure of the West. The NEPA reform push broadly traces political dividing lines, as pro-business and anti-regulation Republicans, who want to see NEPA reworked, square off with environmental groups and conservation-minded Democrats hoping to preserve the law and implementation process. Caught between the vocal factions of each party are state governments and federal land managers arguing for a middle ground of limited reform. Heading the push for NEPA reform is Rep. Rob Bishop, R-Utah, who has had the law in his sights for the last decade. During a committee meeting on NEPA, Bishop, the chair of the House Committee on Natural Resources, complained the law has been warped by lawsuits and court interpretations and become “a weapon for litigants to force delays and denials on all sorts of activities.” Bishop, who has been a vocal proponent of loosening federal regulations on oil and gas companies and the transfer of federal lands to state control, said, “Environmental reviews should inform government of the actions they need to take, not paralyze it.” Conservation groups are digging in order to preserve NEPA and asking for an extended public commenting period on the current review. The “Protect NEPA Campaign,” which is a coalition of environmental, labor and civil rights group, such as the Sierra Club and Natural Resources Defense Council has called the Trump administration’s review an unprecedented attack on the law. More than 350 environmental organizations signed a letter to the Council on Environmental Quality, asking for an extension of the public comment period from 30 to 90 days. Raul Garcia, the senior legislative counsel for the environmental law group Earthjustice, said the month-long commenting process “is the latest in a long line of this administration’s efforts to silence public opinion and hinder democracy.” The Western Governors’ Association recently called for changes to the NEPA process that would give more influence to state governments. In a policy resolution, the association, which represents Western state executives, asked that federal agencies adopt more consistent NEPA planning processes and better engage with state and local governments. The group of Western lawmakers also asked that state environmental impact studies carry more weight in federal decision-making.”

[High Country News, 7/6/18] https://goo.gl/HGrhmp

White House Seeks Guidance on Environmental Review Standards: “Government agencies may soon use a different framework for evaluating the environmental impact of their decisions. The Council on Environmental Quality (CEQ), the executive agency tasked with ensuring that federal agencies meet their obligations under the National Environmental Policy Act (NEPA), published a notice on June 20, 2018 seeking input from the public about changes to the review process. NEPA was enacted in 1970 to encourage the “use of all practicable means and measures, including financial and technical assistance . . . to create and maintain conditions under which man and nature can exist in productive harmony[.]” Practically, NEPA requires all executive federal agencies to prepare environmental assessments and environmental impact statements outlining the potential environmental effects of proposed federal agency actions. The CEQ seeks comments to improve the NEPA process, the scope of NEPA review, and guidance on how CEQ can “improve the efficiency and effectiveness of the implementation of NEPA.” This is not the administration’s first policy change to NEPA. The Trump administration issued an executive order in August 2017 designed to spur infrastructure development. That order sought to “ensure that the Federal environmental review and permitting process for infrastructure projects is coordinated, predicable, and transparent.” Among other changes, the order designated a “lead Federal agency” responsible for “navigating the project through the Federal environmental review and authorization process, including the identification of a primary Federal point of contact at each Federal agency.” The order noted that the “inefficiencies in current infrastructure project decisions” cost the typical American household thousands of dollars each year. As one example, the August 2017 order required all authorization decisions for the construction of a major infrastructure project to be made within 90 days of the issuance of the Record of Decision. If followed, that timeline will significantly expedite decision making for major infrastructure projects. Though the order permits an extension of the 90-day deadline where federal law prohibits a decision on that compressed timeline. Some environmentalists have criticized President Trump’s changes, arguing that streamlining the process is just an excuse to weaken environmental protections. Supporters, on the other hand, contend that reform is necessary, long overdue, and will spur economic growth.”

[Lexology, 7/6/18] https://goo.gl/MS34f5

Justin McCarthy

Digital Director, NEPA Campaign

The Partnership Project
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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, Defenders of Wildlife, League of Conservation Voters, Earthjustice, and Natural Resources Defense Council.