From pipelines and dams to power plants and critical mineral mining, there are few industries or environments that NEPA doesn’t touch. Photo © J. Carl Ganter/Circle of Blue In exchange for his vote on the largest climate change investment in United States history, Sen. Joe Manchin of West Virginia secured a legislative concession: the promise of a side deal to speed the permitting process for big energy projects.
Little is known about what the deal will include. But, among its most enduring provisions could be sweeping changes to the National Environmental Policy Act (NEPA), the bedrock environmental law which governs virtually every major infrastructure project in the country.
From pipelines and dams to power plants and critical mineral mining, there are few industries or environments that NEPA doesn’t touch. Likewise, the law’s critics cover the American political spectrum. Development-friendly coalitions say its requirements are expensive and time-consuming; some decarbonization advocates say it could interfere with a clean energy buildout. Equity-focused groups say it’s abused by wealthy areas to stop much-needed public works.
Jamie Pleune, a professor of law at the University of Utah, is part of a team that analyzed over 41,000 NEPA decisions in a paper published earlier this year. In a recent Q&A with Circle of Blue, Pleune discusses whether NEPA is responsible for hindering infrastructure projects in the United States, what’s in the side deal, and what she hopes policymakers will keep in mind as they enter negotiations. |