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Biden restores strict environmental assessment for major projects


The Biden administration is reinstating federal regulations that require strict environmental considerations for major infrastructure projects like highways, pipelines and oil wells – including possible impacts. to climate change and neighboring communities. The long-term reviews are scaled down by the Trump administration in an effort to fast-track projects and create jobs.

A rule finalized on Tuesday would reinstate key provisions of the National Environmental Policy Act, a foundational environmental law designed to ensure public protections during viewing. considered a variety of federal proposals, including authorized roads, bridges, and energy projects in The $1 trillion infrastructure bill Biden signed last fallThe White House said.

The White House Council on Environmental Quality says the new rule, which goes into effect at the end of May, will address challenges posed by Trump-era policy and restore public confidence in the environmental assessment process. school.

“Restoring these basic community safeguards will provide regulatory certainty, reduce conflicts, and help ensure that projects are built the first time,” said CEQ President Brenda Mallory. . “Patting these vulnerabilities during environmental reviews will help projects build faster, be more agile, and provide greater benefits to people living nearby.”

Former President Donald Trump overhauled environmental assessments in 2020 to promote projects he thinks will boost the economy and provide jobs.

Trump made cut government regulations a mark of his presidency. He and his administration have frequently expressed frustration with the rules, which they say have unnecessarily slow the approval process for interstate oil and gas pipelines and projects. another big project. Rule changes introduced in 2020 limited the time for environmental reviews and public comment, and allowed federal officials to ignore the project’s role in cumulative impacts, such as like climate change.

The new rule comes in the form of Supreme Court reinstates a separate rule from the Trump era that reduces the power of Native American states and tribes to block pipelines and other energy projects that could pollute rivers, streams, and other waterways.

In their decision to split the court 5-4 earlier this month, the justices agreed to halt a lower court judge’s order to remove the Trump rule. The decision not to interfere with the Biden administration’s plan to rewrite the Environmental Protection Agency’s rule. Work on the revision has already begun, but the administration said there won’t be a final rule until next spring. The Trump-era rule will remain in effect in the meantime.

Contrary to frequent assertions by Trump and others in his administration, Mallory said a more rigorous environmental assessment would actually speed the completion of major projects, as they would have more ability to withstand legal challenge by environmental groups or states. Many Trump-era environmental decisions have been overturned or delayed by courts after it was found that they did not undergo adequate analysis.

Environmental groups hailed the rule change, which they say restores foundational environmental protections under NEPA, a 1970 law that requires the government to accept public comment and review environmental, economic and health impacts prior to approval of any major projects.

“NEPA plays a vital role in keeping our communities and environment healthy and safe, and Donald Trump’s efforts to undermine NEPA are clearly nothing more than an aid to those in need. corporate pollution”, said Leslie Fields, Sierra Club’s director of national policy and legal affairs.

Environmental groups and African-Americans, Latinos and tribal activists have opposed the Trump-era rule change, saying it would exacerbate pollution in areas already reeling with refineries, chemical plants and other hazardous locations. The Biden administration has made addressing such environmental justice issues a top priority.

“Communities of color, especially, rely on NEPA to ensure that their voices are heard in decisions that have profound impacts,” said Rosalie Winn, senior attorney for the Environmental Defense Fund. to their health and well-being”. Trump-era rule.

The White House action “reinstates NEPA’s essential protections and ensures they continue to protect people and communities today and in future generations,” she said.

Business groups and Republican lawmakers have criticized the rule change, saying it would slow major infrastructure development.

“Critical projects that address critical issues like improving public transit access, adding more clean energy to the grid, and expanding broadband access are being worn down by continued delays.” postponed and that has to change,'” said Chad Whiteman, vice president of environmental and regulatory affairs, at the American Chamber of Commerce.

Arkansas Representative Bruce Westerman, the top Republican on the House Natural Resources Committee, said the White House action would “weaponize NEPA” by making navigation more difficult and more bureaucratic.

“At a time when we should be banding together on bipartisan ways to bring down gas prices, tame soaring inflation, and fix the supply chain crisis, President Biden is regretfully restoring regulations. NEPA’s antiquated ruling will only lead to delays and lawsuits by feed and red tape activists ”.” he said.



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