Industry groups support Trump Administration’s NEPA updates

Published on January 13, 2020 by Dave Kovaleski


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The Trump Administration announced plans to update the National Environmental Policy Act last week.

The changes drew support from various industry groups. NEPA requires Federal agencies to evaluate the potential environmental impacts of major projects such as roads and bridges, rail and water infrastructure, or energy projects. However, the administration says the regulatory requirements of the law have become “unnecessarily complex and time consuming,” which has resulted in the delay of some infrastructure projects. Thus, President Trump directed the Council on Environmental Quality (CEQ) to amend the NEPA regulations.

The proposed changes will reduce the average time it takes to complete an Environmental Impact Statement (EIS) through increased interagency coordination. Typically, project sponsors must acquire approval from various agencies on permitting decisions to advance their project. Further, they are usually done sequentially. The average environmental impact statement (EIS) process takes 4.5 years, and even longer for highway projects, according to CEQ data.

The NEPA changes would codify aspects of Trump’s One Federal Decision policy, which improves coordination and communication between Federal agencies. The policy sets a two-year average goal for completion of environmental reviews for major infrastructure projects. The federal environmental reviews will still be done, administration officials said, but with greater efficiency. The administration announced this will help spur more investment in infrastructure projects.

The proposal marks the first update to the NEPA law in over 40 years.

Several industry groups, including the National Rural Electric Cooperative Association, voiced their support for the changes.

“Regulatory hurdles under NEPA have triggered reliability problems and forced electric co-ops and their communities to endure costly project delays,” NRECA CEO Jim Matheson said. “We support the spirit of NEPA, and these sensible modernizations are long overdue. The updated policy will ensure that environmental reviews and decisions involving multiple agencies are synchronized and efficient. These reforms will provide electric co-ops much-needed clarity and certainty as they continue to diversify their energy portfolios and increase the resiliency of their systems. Both necessitate the modernization or construction of new electric transmission and distribution facilities.”

The American Association (AGA) also commended the proposed rule. Officials say the changes will streamline and clarify the permitting and environmental review process while facilitating the environmentally-responsible construction of natural gas infrastructure.

“This proposed rule from the White House Council on Environmental Quality is an important step to greater transparency and efficiency in the NEPA process and will help America’s natural gas utilities continue to provide timely, safe, reliable and affordable service to the 179 million Americans that enjoy the benefits of natural gas and the millions more that want it,” AGA President and CEO Karen Harbert said. “It is promising to see the CEQ take feedback and concerns from all stakeholders, including our industry, into account during this review. We are hopeful that this rule will result in a federal environmental review and permitting process that increases infrastructure development while growing the economy and enhancing environmental stewardship.”

The proposal was published in the Federal Register. The public comment period is open until March 10.