Trump Takes Action: Resolving the Federal Environmental Permitting Controversy

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Trump Takes Action: Resolving the Federal Environmental Permitting Controversy

On his first day in office, President Donald Trump made a bold move by scrapping federal environmental permitting rules entirely. Instead of countering the changes made during the Biden administration, he opted for a complete overhaul, which aligns with a long-term Republican goal to speed up the permitting process.

Supporters, like Marcella Burke, former deputy solicitor for energy and natural resources, believe this could reduce permitting timelines from several years to just months. However, critics have serious concerns about the potential consequences. They argue that this executive order could destabilize the climate, put communities’ air and water at risk, and create a confusing patchwork of rules across different agencies.

In contrast to the back-and-forth changes during his first term, Trump’s new order revokes a 1977 directive from the Carter administration. This directive allowed the Council on Environmental Quality (CEQ) to issue important regulations. Trump’s action instructs the CEQ to rethink all rules created under the National Environmental Policy Act (NEPA) and replace them with non-binding guidance.

The essence of Trump’s executive order is to prioritize efficiency in the permitting process. While agencies will still conduct assessments and impact statements, these reviews are expected to be less detailed, turning NEPA into more of a procedural guideline.

Despite the push for speed, legal challenges to the order are likely. While the president can rescind regulations, opponents may need to find specific procedural missteps to mount a challenge. Eric Beightel, who previously led a federal group on permitting improvements, said the path for legal challenges is unclear. He noted that frequent changes can create uncertainty, which may deter developers.

The new order also echoes a recent court ruling regarding CEQ’s authority. The ruling indicated that CEQ isn’t empowered to act as a regulatory agency, a point that may complicate Trump’s plans. Legal experts predict the transition may lead to confusion and could ultimately slow down projects rather than expedite them.

Earthjustice attorney Jan Hasselman expressed concerns that the focus on quick approvals could lead to chaos for local governments and communities, resulting in delays and poor project outcomes. In short, while the intention may be to streamline processes, the reality could be far more complicated.

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natural resources,environmental permitting,fossil energy,environmental impact assessment