In a unified stance against the Biden administration’s Council of Environmental Quality (CEQ) revisions to the National Environmental Policy Act (NEPA), governors, led by Governor Joe Lombardo of Nevada, are raising concerns about expanded and arbitrary environmental justice standards applied to infrastructure and energy projects.
The Governors argue that Biden’s proposed rule expands the purview of government agencies overseeing energy, infrastructure, and building projects while opening them up to increased litigation and prolonged delays. They contend that the proposed rule fails to streamline the permitting process, disregarding directives from Congress regarding environmental reviews.
The proposed changes, aimed at reversing policies implemented during the Trump administration, have drawn criticism from various quarters. The Wall Street Journal has referred to these revisions as a “regulatory onslaught.”
NEPA, enacted in 1970, consists of over 450 pages of regulations imposed on local governments. Its initial purpose was to safeguard local environments by compelling federal agencies to evaluate potential environmental impacts of public works projects. NEPA necessitates that agencies count the aesthetic, historical, cultural, economic, and social effects of proposed actions, providing a detailed document for decision-makers.
According to Earth Justice, NEPA “is our bedrock environmental law requiring the federal government to engage with communities and take health and environmental concerns into account when making consequential decisions” concerning climate change and environmental justice.
Critics argue that NEPA suffers from arbitrary standards, politicized enforcement, and protracted litigation spanning decades.
The Institute for Energy Research highlights that the Biden administration’s NEPA revision emphasizes the global indirect and cumulative effects related to greenhouse gas emissions, a perspective contested by critics who prioritize affordable and abundant energy sources.
Governor Lombardo’s executive order on state energy underscores the need for a diverse energy supply portfolio, balancing electric and natural gas energy options for Nevada. Lombardo’s decision to withdraw from the U.S. Climate Alliance, while acknowledging its ambitious goals, was motivated by the perceived conflict with Nevada’s energy policy objectives.
As the Biden administration intensifies efforts to address climate change, concerns grow that Nevada’s infrastructure and energy goals could face setbacks due to politicized enforcement, bureaucratic hurdles, and environmental lawsuits, potentially impeding Lombardo’s vision for energy policy in the state.
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