Federal permitting standards under the National Environmental Policy Act (NEPA) are quintessential means of expressing and defending our rights as citizens during permitting for major projects on federal lands. As the Trump Administration attempts to emasculate the regulatory state, we are watching closely because these changes could absolutely impact ongoing regulatory matters we are facing right now and coming down the pike.
This week, the Interior Department announced that, in some cases, permitting massive projects on federal lands will be done in 28 days for fossil fuels, uranium, geothermal, critical minerals, biofuels and kinetic hydropower projects. This “emergency measure” leaves less room for the best available science, thoughtful legal analysis, and valuable insights from the public. To be blunt: 28 days to do a whole NEPA review is a violation of our rights and our laws.
Our hot take for now is this: Considering that the state of NEPA is in flux because of other orders and court cases, it is still going to be hard for this expedited effort to pass muster in the courts. But we cannot let it stand. Decisions must be done with deliberate, careful consideration — not reckless speed that favors applicants over all else. Doing otherwise isn’t permitting. It is handing over our collective wealth.
