In 2020, Trump introduced major changes to the law’s implementation, saying the government would exempt many projects from review and speed up the approval process. His administration also said federal agencies would not consider “indirect” climate impacts. Trump and allies in the business community said the move would reinvigorate infrastructure projects across the nation.
Under the rule finalized by the Biden White House this week, regulators will now have to account for how government actions may increase greenhouse gas emissions and whether they will impose new burdens on communities, particularly poor and minority neighborhoods, that have already faced disproportionate amounts of pollution.
The move underscores how President Biden is looking for ways to push forward on his climate agenda despite rising concerns about cost increases in the economy. Triggered by the court order and under pressure to increase the supply of energy his administration announced on Friday that it would resume issuing oil and gas leasing, disappointing climate activists. The administration is also working to implement a roughly $1 trillion infrastructure bill passed last fall.
Business groups and Republicans are likely to argue that Tuesday’s move is going to raise costs and slow construction, but White House officials insisted that won’t be the case.
“Patching these holes in the environmental review process will help projects get built faster, be more resilient, and provide greater benefits — to people who live nearby,” Brenda Mallory, chair of the White House’s Council on Environmental Quality, said in a statement.
The Trump-era changes made it more difficult for environmental and community activists to challenge federal infrastructure projects, limiting public review of the construction of roads, bridges and power plants — and freeing agencies from having to consider all the ways the projects could affect climate change.
Trump said he was cutting “mountains and mountains of bureaucratic red tape,” saving millions of dollars and kick-starting the economy.
Now, the Biden administration is telling agencies to consider the “direct,” “indirect” and “cumulative” impacts of their actions. The new rule will also give agencies greater leeway to consider less ecologically harmful alternatives and craft their own, tighter procedures for environmental assessments. The White House proposed the changes in October, and it promises a second phase of NEPA regulations over “the coming months.”
When Biden entered office, many of his environmentalist allies pushed the president to reinvigorate the law. The statute is considered one of the nation’s most consequential environmental laws, one widely imitated by other countries.
Its teeth lie in its requirement that federal agencies conduct environmental reviews and consult the public before breaking ground. Black and Latino communities in the United States that have suffered disproportionately from poor air quality and industrial pollution have used the law to win significant changes in projects that would have further harmed their neighborhoods.
Other environmental advocates have leveraged the law in court to block logging, mining and oil drilling. Among the projects stymied using NEPA was the canceled Keystone XL pipeline, which received…
