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.
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NEPA's Evolution and Impact
- The National Environmental Policy Act (NEPA) requires environmental consideration for federally permitted projects.
- NEPA has evolved, leading to extensive reviews and project delays, impacting communities and infrastructure development.
CEQ's Role and Influence
- The Council on Environmental Quality (CEQ) implements NEPA, with power derived from executive orders.
- CEQ's influence has grown, especially with climate change's prominence, due to its cross-agency power and White House proximity.
CEQ Regulations and Their Impact
- CEQ issues legislative rules through notice and comment, published in the Federal Register.
- These rules, binding on agencies and enforceable in court, contribute to lengthy environmental impact statements.