Trump White House Targets Green Lobby’s Favorite Law

Clear Facts

• The Trump administration is targeting the National Environmental Policy Act (NEPA) regulations, potentially rolling back rules dating back to 1977.
• The U.S. District Court of Appeals ruled that the Council on Environmental Quality (CEQ) lacks the authority to issue binding NEPA regulations, supporting the administration’s actions.
• Environmental groups have historically used NEPA to challenge infrastructure projects, often causing delays and increased costs.

The Trump administration is moving forward with plans to overhaul the National Environmental Policy Act (NEPA), a cornerstone of federal environmental legislation. The White House Council on Environmental Quality (CEQ) has announced a “Pending EO 12866 Regulatory Review,” signaling the potential removal of NEPA regulations that have been in place since 1977.

NEPA, which became law in 1970, mandates that federal agencies evaluate the environmental impacts of projects such as infrastructure development. Former President Jimmy Carter expanded its scope with a 1977 executive order, empowering the CEQ to establish implementation regulations. However, President Trump’s “Unleashing American Energy” executive order has set the stage for a significant rollback of these regulations.

Recent legal developments have bolstered the Trump administration’s position. The U.S. District Court of Appeals for the District of Columbia ruled that the CEQ lacks legal authority to enforce binding NEPA regulations. This decision, ironically stemming from a lawsuit by an environmental group, provides a legal foundation for the administration’s actions.

Environmental organizations have long relied on NEPA to challenge unwanted infrastructure projects, particularly in the oil and gas sectors. These lawsuits, even when unsuccessful, often result in costly delays for developers. Thomas Hochman, director of infrastructure policy at the Foundation for American Innovation, remarked, “It’s fair to say that the folks who wrote NEPA did not expect it to end up being what it has become.”

Hochman further explained, “We’re seeing the realization of President Trump’s executive order with CEQ proposing to rescind all of the NEPA regulations.” He noted that while the law remains intact, the new guidance could be less burdensome than the existing regulations.

The CEQ’s proposed rule is categorized as an “interim final rule,” which allows it to take effect swiftly without the usual public comment period. This approach, however, may expose the CEQ to legal challenges from environmental groups and other opponents of the Trump administration.

Pat Parenteau, an emeritus professor at the Vermont Law and Graduate School, emphasized, “Every federal agency has NEPA rules on the books which must be followed unless and until they are changed through normal rulemaking process.” He warned that environmental groups could leverage existing NEPA case law to challenge actions that do not comply with established procedures.

As the Trump administration advances its agenda, the implications for NEPA and future infrastructure projects remain uncertain. The White House has not provided further details on the proposed rule’s parameters.

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