White House Finalizes New Environmental Permitting Rules

WASHINGTON — President Joe Biden on Tuesday unveiled a new rule intended to speed up permitting for new clean energy projects by forcing agencies to adhere to strict deadlines — and page limits — when conducting their environmental reviews.

The rule also streamlines the permitting process by requiring that one agency lead the review of any particular permit, rather than placing veto power in the hands of multiple agencies.

Other provisions require agencies to weigh how a proposed project may impact climate change and potentially harm disadvantaged communities.

The changes announced represent a significant revision in the application of the National Environmental Policy Act, the 54-year-old law signed by President Richard Nixon on Jan. 1, 1970.

NEPA was the first major environmental law in the United States, and as a result is sometimes referred to as the “Magna Carta” of federal environmental policy.

At its core, NEPA requires federal agencies to assess the environmental efforts of proposed major government actions prior to making decisions.

Though the changes announced by the president apply to all energy projects including those related to fossil fuel production — a byproduct of last year’s debt ceiling negotiations — they appear to tilt in favor of accelerated reviews of clean energy projects.

As a result, they faced almost immediate pushback from Republican lawmakers on Capitol Hill, and particularly, Sen. Joe Manchin, D-W.Va., who vowed to turn them back through a Congressional Review Act resolution.

Manchin’s main beef is that, in his view, the rule strays significantly from the promises that backed last year’s deal, and he rebuked the administration this week for “corrupting it with their own radical agenda.”

“All the White House had to do was implement the commonsense, bipartisan permitting reforms in the Fiscal Responsibility Act, that all sides agreed upon, but once again they’ve disregarded the deal that was made [and] the intent of the law that was signed,” Manchin said in a statement. “This will only lead to more costly delays and litigation.”

Manchin’s resolution, formally a “resolution of disapproval,” would surely be vetoed by the president.

But the senator, who is not seeking reelection this year, said he has a broader picture in mind. His hope is that by passing the resolution, he’ll force the White House “to get back to the deal that they cut with Congress” and see it signed into law.

“At a time when everyone agrees that it takes too long to build infrastructure in this country, the administration’s new NEPA regulations will take us backwards,” Manchin said.

But some people quite liked the administration’s approach to the regulation, including Christy Goldfuss, executive director of the Natural Resources Defense Council.

Goldfuss said the new rules would lead to better decisions — and better outcomes — for everyone.

“It is a relief to finally see it revitalized,” she said.

“Meaningful community engagement is the key to unlocking our clean energy future,” Goldfuss said. “It leads to better projects that face less opposition on the back end. We do not have to sacrifice environmental justice, community safeguards, public health or environmental protections to fight climate change and build the clean energy economy we need.” 

Sam Wojcicki, senior director of Climate Policy at the National Audubon Society, said he was thrilled to see NEPA “strengthened and restored.”

“This new rule is a significant win in protecting communities from environmental harm, and ecosystems that birds and other wildlife depend on for their survival,” Wojcicki said. 

“A strong NEPA means better public health and environmental outcomes and fewer delays for responsibly sited clean energy infrastructure needed to combat the climate crisis,” he continued. “The new climate and environmental justice provisions will result in more robust, more resilient projects, while ensuring that the voices of impacted communities are heard. Meaningful community engagement is critical for an equitable, sustainable and lasting clean energy transition.”

Dan can be reached at [email protected] and @DanMcCue