Permitting a major energy project, like a transmission line or a hydropower plant, is a lengthy and arduous task in today’s contentious atmosphere but a new proposal from the Whitehouse could potentially speed things up for project developers looking to advance clean energy in the U.S.
In late July, the Biden-Harris Administration, through the Council on Environmental Quality (CEQ) proposed a Bipartisan Permitting Reform Implementation Rule to modernize and accelerate environmental reviews under the National Environmental Policy Act (NEPA). The goal is to encourage early community engagement, expedite America’s clean energy future, strengthen energy security, and promote environmental justice.
The proposed rule builds upon new permitting efficiencies directed by Congress under the Fiscal Responsibility Act of 2023 and aims to expedite federal agency permitting processes for environmental impact statements.
The rule implements statutory reforms to NEPA, including clarifying roles, setting deadlines, and adding requirements for timely and unified environmental reviews. It also encourages the use of programmatic environmental reviews and provides tools for agencies to establish categorical exclusions for specific projects. The reforms aim to speed up the deployment of clean energy, transmission, broadband, and other critical infrastructure by clarifying requirements for environmental impact statements and evaluating reasonable alternatives.
In addition, the rule emphasizes considering climate change effects in environmental reviews and encourages the identification of reasonable alternatives to mitigate climate impacts. The rule promotes early and meaningful engagement with communities, encourages agencies to consider environmental justice, and incorporates measures to avoid or reduce disproportionate effects on communities.
The rule also reverses provisions made during the previous administration that the CEQ said created litigation risks and limited community input.
Comments on the proposed rule are open through September 29, 2023, and virtual public meetings will be held in August and September. Learn more about the rule here.
Overall, the reforms aim to deliver better decisions, faster permitting, and increased public input while advancing America’s clean energy future and reducing environmental harm in underserved communities.
