The Biden administration has proposed a series of significant changes to the regulations implementing the National Environmental Policy Act (NEPA). These changes have been stimulated in part by the ongoing energy transition and increased public focus on environmental issues, which have put considerable strain on the existing regulatory framework.
The NEPA, as it currently stands, directs agencies to conduct environmental assessments before taking any “major federal actions.” This has been a cornerstone of US environmental policy since its inception, providing a mechanism for evaluating potential environmental impacts associated with significant federal projects.
According to proposals outlined by the ArentFox Schiff law firm, there are several key areas where revisions are being proposed.
- The introduction of a climate-focused approach, which would require projects to account for greenhouse gas emissions and the potential impacts of climate change.
- An emphasis on better coordination between federal, state, tribal and local environmental reviewers in order to expedite the review process, while also ensuring that it is thorough and effective.
- Increased transparency, with a greater emphasis on public involvement and accountability.
These proposed changes represent a meaningful shift in US environmental policy, reflecting a broader global trend towards addressing climate change and other pressing environmental issues more directly. Legal professionals, particularly those working in energy and environmental law, are encouraged to consider these changes carefully and assess the potential impacts on their clients and the sectors in which they operate.