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In one of President Donald Trump’s first executive orders, he eliminated a centralized system that Jimmy Carter initially set up to issue regulations governing environmental impact statements. Instead, he called on each agency to issue its own regulations, which seems to have caused the predictable amount of confusion. I’ve examined the new regulations from three agencies: the Department of Defense (DOD), the Department of Energy (DOE), and the Department of Transportation (DOT), which happened to be the first ones that I saw. There seems to be little rhyme or reason in the variations.

NEPA requires government agencies to use a transparent process with meaningful public participation to consider the potential environmental effects of their actions before committing to them. It is one of the United States’ bedrock environmental protection statutes and has been so widely emulated in other countries that it has become known as the “Magna Carta” of global environmental law. In the U.S., however, NEPA has recently been the subject of withering scrutiny and attack by critics across the political spectrum. Its opponents have called for the narrowing of NEPA’s scope and the “streamlining” of its processes, charging that the Act’s core mandate to “look before you leap” has spun out of control and created unintended and massive obstacles to approval of critical infrastructure.

President Donald Trump has taken some dramatic steps in the name of improving use of NEPA, the statute governing environmental reviews of projects. The goal is to speed up the permitting process and make it more efficient. The reality is that his efforts will create chaos and uncertainty, with the likely effect of slowing things down.

As North Carolinians continue to grapple with rolling blackouts, rising energy bills, and recovery from a once-in-a-generation hurricane event, another pending environmental catastrophe is developing in our backyards. On Monday, May 5, the North Carolina Utilities Commission will hold a public hearing to gather feedback on Duke Energy’s plans to build a second new methane gas power plant near its existing coal plant on Hyco Lake in Person County as part of the state’s decarbonization plan.

A sleeper provision in one of President Donald Trump’s executive orders attempts to revolutionize the way the National Environmental Policy Act (NEPA) operates and cut environmental review to a minimum.

In what could turn out to be another loss for environmental protection in the Supreme Court, the Court is about to decide a major case about the scope of the National Environmental Policy Act of 1969 (NEPA). The case, Seven County Infrastructure Coalition v. Eagle County, has important implications for issues such as whether NEPA covers climate change impacts. The same groups that succeeded in drastically cutting back on federal wetlands jurisdiction a few years ago are hoping to do the same thing to environmental impact statements. This post will provide the key background on the case.

T.S. Eliot was wrong. April is not the “cruellest month.” June is. In slightly over two weeks at the end of June 2024, the United States Supreme Court made mass murder easier, criminalized homelessness, partially decriminalized insurrection, ignored air pollution and climate change by curtailing agency actions, made it more difficult to fine securities and investment frauds, and deregulated political corruption while failing to affirmatively protect women with possibly fatal pregnancies. To this list, add the Court’s July 1, 2024, ruling effectively giving Donald Trump a pathway to an authoritarian presidency by delaying his criminal trials and then, as extralegal protection, effectively immunizing him from the worst of possible crimes. How did we get here? Rena Steinzor's new book, American Apocalypse, makes an important contribution to the literature examining the Right by bringing together several movements that have landed us where we are today.

The U.S. Supreme Court agreed June 24 to hear a case about whether environmental impact statements need to address climate change. To read the arguments made about the case, you’d think that this was a common law area where courts establish the rules. But as I discuss in a forthcoming article, recent amendments have put a lot of flesh on the previously barebones law. The bottom line: The Supreme Court shouldn’t give advocates of narrowing the National Environmental Policy Act (NEPA) a victory that they were unable to get through the legislative process.

Deep in the heart of state and regional environmental and energy agencies, engineers, economists, scientists, and lawyers are working hard to develop comprehensive climate action plans (CCAPs). Created by the Inflation Reduction Act, EPA’s Climate Pollution Reduction Grant (CPRG) program is funding a range of state and subnational planning and implementation measures, including the CCAPs, which are due in 2025. In our recent issue brief, Comprehensive Climate Action Plans: What’s a Greenhouse Gas Reduction “Measure”?, we explore a key question: What is the nature of the “actions” that planners should include in their climate action plans? Or, to use the program’s term, what’s a climate “measure?”