WASHINGTON, D.C. – The White House Council on Environmental Quality (CEQ) has concluded the comment period for its interim final rule aimed at dismantling key implementing regulations of the National Environmental Policy Act (NEPA), a cornerstone environmental law. Earthjustice, along with over 250 other organizations, submitted a formal comment urging the CEQ to reverse its decision.
In February, the CEQ announced its intention to revoke the regulations that guide federal agencies in fulfilling their NEPA obligations. This move has sparked widespread concern among environmental groups, community advocates, and even project developers who rely on the established framework for environmental review.
Earthjustice and its allies argue that eliminating these regulations will lead to significant negative consequences. In their joint comment, the groups stated, "Revocation of clear regulations that provide regulatory certainty to over 80 federal agencies, project sponsors of critical infrastructure, and impacted communities around the country is a stunning reversal of progress made in the last several years. The only certainty provided by the Interim Final Rule is less government transparency, more project delay, more litigation, less resilient infrastructure, and poor environmental and health outcomes for communities."
Stephen Schima, Senior Legislative Counsel at Earthjustice, echoed these concerns. "Revoking regulations that provide clarity to all federal agencies, impacted communities, and project sponsors on how to consider environmental, economic, and health impacts of federal decisions is as stunning as it is reckless," he said. "NEPA not only protects communities from polluting projects; it’s foundational to sound and consistent decision-making."
NEPA, enacted in 1970, requires federal agencies to assess the environmental impacts of their proposed actions and to inform the public about these impacts. The implementing regulations provide a detailed roadmap for agencies to conduct these environmental reviews, ensuring a consistent and transparent process.
Opponents of the rollback argue that removing these established guidelines will create uncertainty and confusion for federal agencies and project developers alike. Without clear rules, they anticipate an increase in litigation as stakeholders challenge the adequacy of environmental reviews. Furthermore, they fear that the rollback will disproportionately harm communities already burdened by pollution, as federal projects may proceed with less rigorous environmental scrutiny.
Earthjustice contends that the administration's actions will ultimately hinder, rather than expedite, critical infrastructure projects. The lack of clear and consistent environmental review processes is likely to lead to more legal challenges and delays in the long run.
"By rescinding these regulations, this administration is ensuring that much needed critical infrastructure will be delayed, that communities historically overburdened by pollution will continue to be ignored, and that there will be no clear rules for project developers and investors," Schima concluded.
The CEQ will now review the comments received during the public comment period. The future of the NEPA implementing regulations remains uncertain, but environmental groups like Earthjustice are vowing to continue their fight to protect this foundational environmental law.
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