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Statecraft

Did the Courts Just Nuke Environmental Review?

Dec 18, 2024
James Coleman, a University of Minnesota professor specializing in energy infrastructure; Adam White, Executive Director at George Mason University focusing on regulatory law; and Nicholas Bagley, a University of Michigan legal expert, delve into critical aspects of administrative law. They discuss the challenges posed by the National Environmental Policy Act, the growing power of a White House office, and the implications of recent court cases for environmental regulations. The trio also explores potential reforms for environmental reviews that could reshape infrastructure development in America.
01:00:14

Podcast summary created with Snipd AI

Quick takeaways

  • The evolving judicial interpretation of the National Environmental Policy Act (NEPA) significantly complicates infrastructure project approvals across the United States.
  • The Council on Environmental Quality (CEQ) operates with questionable authority, raising concerns about the binding nature of its regulations on NEPA compliance.

Deep dives

Impact of Administrative Law on Infrastructure Projects

The discussion revolves around the significant impact of administrative law, particularly the National Environmental Policy Act (NEPA), on the progression of infrastructure projects in the United States. Initially enacted in 1969 to require consideration of environmental consequences before federal actions, NEPA was intended as a straightforward review process. However, over the decades, the judicial interpretation of NEPA has evolved, leading to increasingly stringent requirements that have contributed to extensive delays and complications in project approvals. This shift illustrates a growing disconnect between the original intent of NEPA and its current application, where environmental groups leverage the law to halt projects on potentially tenuous grounds, complicating the bureaucracy further.

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