Environmental policy reforms are long overdue

The Hill ^ | February 22, 2020 | Jason Hayes

[karpov]

Anyone who proposes major infrastructure or energy projects must fight their way through the drawn out, expensive task of getting government permits. Without those permits, nothing happens. Recognizing this, many progressive green groups have embraced the tactic of miring permit applications in the quicksand of litigation before they can even get off the ground. But a proposal to change key federal regulations could throw a lifeline to permit applicants while still ensuring environmental protections remain.

Congress passed the National Environmental Policy Act (NEPA) in 1969 as part of a response to our growing awareness of the impacts of human activity on the natural environment. Under NEPA, each major infrastructure project must have a detailed environmental impact statement that describes its short- and long-term effects, as well as alternatives that could reduce them. About 170 major projects must undergo this scrutiny each year, and more than 10,000 smaller projects undergo the less intense environmental assessment process.

The White House’s Council on Environmental Quality oversees NEPA implementation, monitoring impact statements and reporting its findings to the president. Unlike other federal agencies, the council was not granted enforcement powers, so NEPA initially was viewed as a safe, feel-good statement of intent. But enterprising environmental groups soon found that litigating the procedural provisions of NEPA was an effective way to halt development.

They typically argue that impact statements do not address the complete list of potential environmental harms — a mobile target with an always-growing list. They also claim that governments and businesses do not do enough to solicit public comment. These arguments have found a welcome reception in courts, meaning NEPA quickly moved from feel-good legislation to one of the nation’s most powerful environmental laws.

[jcon40]

Good luck trying to find common sense in this department.

Agencies want their guidelines to charge fees and impose fines.

It’s more about their job preservation than achieving realistic goals that keep basic order.

[Bonemaker]

NEPA, a Nixon gift that keeps on giving.