The Biden administration announced Tuesday that it is restoring parts of a bedrock environmental law, once again requiring that climate impacts be considered and local communities have input before federal agencies approve highways, pipelines and other major projects.
The administration has resurrected requirements of the 50-year-old National Environmental Policy Act that had been removed by President Donald Trump, who complained that they slowed down the development of mines, road expansions and similar projects.
The final rule announced Tuesday would require federal agencies to conduct an analysis of the greenhouse gases that could be emitted over the lifetime of a proposed project, as well as how climate change might affect new highways, bridges and other infrastructure, according to the White House Council on Environmental Quality. The rule, which takes effect in 30 days, would also ensure agencies give communities directly affected by projects a greater role in the approval process.
Brenda Mallory, chairwoman of the council, described the regulation as restoring “basic community safeguards” that the Trump administration had eliminated.
“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,” she said in a statement.
Administration officials said the new rule would not have major immediate impacts since the Biden administration had already been weighing the climate change impacts of proposed projects. But it would force future administrations to abide by the process or undertake a lengthy regulatory process and possibly legal challenges to again undo it.
The National Environmental Policy Act, or NEPA, was signed into law by President Richard Nixon in 1970, after several environmental disasters.
Under the changes announced Tuesday, agencies would have to consider the direct, indirect and cumulative impacts of a decision — including the effect a new project would have on neighborhoods already burdened by pollution.
The administration’s changes also encourage agencies to study alternatives to projects that are opposed by local communities, and it says the law’s requirements are “a floor, rather than a ceiling” when it comes to environmental reviews.
Republicans and some business groups are hostile to the changes, arguing that additional reviews would delay the development of badly needed infrastructure.
