Proposed changes in regulations governing the National Environmental Policy Act (NEPA) were announced October 6 by the Biden Administration. NEPA is the basic law governing the manner in which environmental reviews are conducted of proposed projects, such as pipelines. The announced revisions would reverse changes made to NEPA regulations in 2020 by former President Trump (for earlier ABRA Update article on Trump changes, click here.)

The proposed NEPA rule changes are particularly relevant to ABRA’s Conservation Hub program, which provides tools for enhancing analysis and transparency in the NEPA review process conducted by regulatory agencies for projects and proposals that impact the environmental integrity of the Central Appalachian Highlands.

The October 6 announcement from the Council on Environmental Quality (CEQ), which is part of the Office of the President, outlined a proposed rule to NEPA regulations that would make the following three changes:

Restore the requirement that federal agencies evaluate all the relevant environmental impacts of the decisions they are making. The proposed change would make clear that agencies must consider direct, indirect and cumulative impacts of a proposed decision.

Restore the full authority of agencies to work with communities to develop and analyze alternative approaches that could minimize environmental and public health costs. The 2020 rule of the Trump Administration limited federal agencies’ ability to develop and consider alternative designs or approaches that do not fully align with the stated goals of a project’s sponsor (e.g., a private company).

Establish CEQ’s NEPA regulations as a floor, rather than a ceiling for the environmental review standards that federal agencies should be meeting.

CEQ is inviting public comment on these proposed revisions in two public meetings on the proposed rule will be held online on October 19, 2021 from 1-4 pm, EDT and October 21 pm 5-8 pm EDT.

For a copy of the proposed NEPA rule changes and information on how to comment – in writing or as a participant in one of the 2 virtual hearings – click here. For a copy of the CEQ statement on the proposed rule changes, click here.

For an analysis by E&E News of the how the proposed changes could affect energy projects, click here.

Biden Administration proposes changes to strengthen NEPA

ABRA CONSERVATION HUB

ABRA’s Conservation Hub program promotes responsible resource management by providing access to critical information needed for effective public involvement in environmental review and oversight.

Following the defeat of the Atlantic Coast Pipeline in 2020, ABRA initiated the Conservation Hub to support informed public engagement with the broader range of environmental issues confronting the Allegheny-Blue Ridge Mountain region. The Conservation Hub builds on the analysis and information sharing capacity achieved through ABRA’s Pipeline CSI project during the years of ACP opposition.

The Conservation Hub is based on the use of GIS mapping to provide details and context for land development projects and management practices that involve risk of environmental harm, as well as for environmental preservation and restoration initiatives. The Conservation Hub also provides access to regulatory documents and assessments related to specific projects or issues.

Multiple Conservation Hub sites, focused on individual projects or issues, have been developed collaboratively with ABRA’s partners and allies. Going forward, we invite conservation groups, individuals, and communities to provide ideas for new Hub sites and GIS mapping that can contribute to informed public engagement on behalf of environmental integrity in the Allegheny-Blue Ridge region.