White House finalizes permitting reform rule included in debt ceiling deal

The White House Council on Environmental Quality (CEQ) on Tuesday finalized a rule aimed at streamlining the environmental review process under the National Environmental Protection Act.

The final rule is part of last summer’s deal that raised the federal debt ceiling and creates a new way for the federal government to establish clear exemptions. These are the quickest decision categories in the permitting process, as the government determines that the environmental impact would not be significant enough to require an environmental review. Additional additions to the final rule include allowing joint categorical exemptions among multiple agencies.

The final rule also includes provisions to improve community involvement in the environmental review process, replacing a 2020 Trump administration rule that critics criticized as imposing excessive hurdles for public comment during the review process. will be cancelled. It also removes a provision in the 2020 regulations that the Biden administration said CEQ “attempted to suppress judicial review” of permitting decisions.

“President Biden is committed to building a clean energy future, delivering long-overdue infrastructure improvements across the country and benefiting historically marginalized communities,” CEQ Chair Brenda Mallory said in a statement. “We have unleashed historic investment.” “These reforms will enable us to make smarter decisions, permit faster, and build projects better and faster. As we accelerate our clean energy future, we will build projects in the right places. While building, we are also protecting our communities from pollution and environmental harm that can result from poor planning and decision-making.”

Environmental groups praised the Biden administration’s final rule, saying it restores enforcement powers to the previously repealed National Environmental Policy Act (NEPA).

“Meaningful community engagement is key to unlocking a clean energy future. It leads to better projects with less back-end opposition,” said Kristy Goldfuss, executive director of the Natural Resources Defense Council. said in a statement. “Combatting climate change and building the clean energy economy we need doesn’t have to come at the expense of environmental justice, community safety measures, public health, and environmental protection.”