This post was originally published on Legal Planet. Reprinted with permission.
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.
Since Jimmy Carter’s presidency, agency compliance with NEPA has been governed by regulations issued by the White House Council on Environmental Quality (CEQ). Trump aims to end that practice and replace it with agency-by-agency NEPA rules designed to reduce environmental considerations to the barest legal minimum.
This sleeper provision is section 5 of the executive order on “Unleashng American Energy.” To save you a click, I’ve pasted the relevant language of section 5 at the end of this post.
Section 5 begins by repealing the 1977 order by Jimmy Carter that authorized the CEQ to issue binding instructions to agencies. The CEQ will no longer be in a position to issue binding rules. Under the new regime, the council will issue only guidance, which is supposed to come by February 20. That obviously leaves no time for public input. Given the short timetable, we can expect the guidance to look very much like the rules that Trump’s CEQ issued in 2020. This timetable also leaves very little time to consider changes relating to the extensive amendments to NEPA at the end of 2023.
By February 20, the chair of CEQ is also supposed to propose the repeal of the NEPA regulations issued by the council under Biden. Given that the executive order refers to a “proposal,” it sounds like this track will use the normal regulatory process of notice to the public, comments, and a final rule, all of which will take time.
In the meantime, however, the head of CEQ is supposed to convene a working group to coordinate adoption of the guidelines by individual agencies across the government. So, all agency procedures will presumably end up being clones of the guidelines, but CEQ’s marching orders will technically only be guidance documents. Coordinating the efforts across agencies may also be a headache. We can expect at least some of the agency regulations to be challenged in court.
Legal challenges are particularly likely because the executive order is overtly hostile to environmental considerations. The order says that “all agencies must prioritize efficiency and certainty over any other objectives . . . that could otherwise add delays and ambiguity to the permitting process.” The “other objectives” that are precluded seem to include the environmental objectives of NEPA itself.
What’s going on here is pretty obvious. The title of this provision is not “improving environmental review.” No, the title is “Unleashing Energy Dominance through Efficient Permitting.” Anything that gets in the way of fossil fuel development — which is what Trump means by energy dominance — is going to get steamrolled. Including the environment.
* * *
Sec. 5. Unleashing Energy Dominance through Efficient Permitting.
(a) Executive Order 11991 of May 24, 1977 (Relating to protection and enhancement of environmental quality) is hereby revoked.
(b) To expedite and simplify the permitting process, within 30 days of the date of this order, the Chairman of the Council on Environmental Quality (CEQ) shall provide guidance on implementing the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq., and propose rescinding CEQ’s NEPA regulations found at 40 CFR 1500 et seq.
(c) Following the provision of the guidance, the Chairman of CEQ shall convene a working group to coordinate the revision of agency-level implementing regulations for consistency. The guidance in subsection (b) and any resulting implementing regulations must expedite permitting approvals and meet deadlines established in the Fiscal Responsibility Act of 2023 (Public Law 118-5). Consistent with applicable law, all agencies must prioritize efficiency and certainty over any other objectives, including those of activist groups, that do not align with the policy goals set forth in section 2 of this order or that could otherwise add delays and ambiguity to the permitting process.
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Daniel Farber | January 28, 2025
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.
Sophie Loeb | January 28, 2025
On December 11, 2024, in Roanoke Rapids, North Carolina, 40 folks attended the first annual rural clean energy convening co-sponsored by the Center for Progressive Reform and the Center for Energy Education. Attendees included FEMA representatives, USDA and other government agency officials, local residents, county commissioners, and energy policy advocates. The main topic of the […]
James Goodwin, Rena Steinzor | January 27, 2025
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Federico Holm | January 27, 2025
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Bryan Dunning, Federico Holm | January 22, 2025
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James Goodwin | January 14, 2025
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Daniel Farber | January 2, 2025
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Minor Sinclair | December 11, 2024
The Center for Progressive Reform was founded during the George W. Bush era when Republicans won the White House and controlled both houses of Congress. As a candidate, Bush threatened to put in the crosshairs the nation’s social safety net, public protections, and the government’s role to protect civil rights, consumer rights, the environment, and the common good. The circumstances were similar to those we currently find ourselves in. Then, as now, our job was to secure the system of rules and regulations critical to protecting people from harm and the environment from degradation. Still, we now face challenges that are entirely new.
Daniel Farber | December 9, 2024
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