Since the 1970s, the National Environmental Policy Act (“NEPA” or the “Act”) has required federal agencies to evaluate the environmental impacts of their proposed actions. Although NEPA was widely criticized from both sides, it remained largely unchanged over the last 50 years. Recently, the Trump administration made significant revisions, the first such changes since its enactment. Now the Biden administration is pushing back and seeking to undo some of the Trump era revisions and possibly add a new twist of its own.
Continue Reading A More Stringent NEPA May Be on the Horizon: Implications for Renewable Energy Developments

Megan Caldwell was featured in Rock Products discussing the potential for asbestos rock to make a comeback as a result of a recent rule proposed by the Trump Administration. She provides insights into the history, international production and significant new use of asbestos rock. Is asbestos poised to make a comeback? Only time will tell.

Federal environmental requirements and regulations have been relaxed (or are proposed to be relaxed) since President Trump was elected, but those environmental regulatory changes have not yet realized benefits for renewable energy and transmission project permitting.

As mainstream media sources like the New York Times have reported, the Trump administration’s efforts to weaken environmental laws has been somewhat substantial; to date, 67 environmental actions have been targeted by the administration, including 33 that already have been overturned, 24 with rollbacks in progress, and 10 regulations in limbo. However, most of those regulatory changes are unrelated to transmission or renewable energy project permitting. And even those regulatory changes that are loosely related to permitting haven’t yet impacted the speed with which permits are issued by federal agencies (or state agencies with delegated authority to implement federal programs), or the number of permits issued (versus denied). However, the key here is that the impacts haven’t been realized yet; permit processing efficiency and issuance are likely to improve as time goes on, particularly since some of the changes are directly intended to speed up permitting.
Continue Reading Trump Administration Actions to Relax Environmental Regulations Should Eventually Benefit Renewable Energy and Transmission Project Permitting