States led by the GOP challenge White House reforms aimed at environmental review

A group of Republican attorneys general from 20 U.S. states filed a lawsuit against the Biden administration on Tuesday in an effort to halt new reforms to the U.S. environmental review process for major projects, such as transmission lines and renewable energy farms.

States like Iowa, North Dakota, Texas, and Florida are challenging the reforms introduced in a rule finalized by the White House Council on Environmental Quality in April. They argue that the reforms exceed the agency’s authority, would lead to increased project costs, and show bias towards clean energy projects.

The reforms are designed to simplify analysis under the National Environmental Policy Act (NEPA), a fundamental environmental law that mandates environmental reviews for major projects receiving federal permits or funding. These reviews often face legal challenges, causing delays in project construction.

The states claim that the regulations now require agencies to take into account a broader range of a project’s impacts during environmental reviews, including factors like climate change and environmental justice, even though these considerations are not explicitly outlined in NEPA’s text.

They argue that the changes will make it harder for certain projects, particularly those impacting disadvantaged or minority communities, to obtain approvals.

The states assert that the new rule will create unnecessary bureaucratic obstacles for projects like highways or fossil fuel power plants by imposing social, environmental, and race-based regulations on developers.

A spokesperson from the White House stated that the rule will expedite project reviews and facilitate crucial investments and projects for the industry, but refrained from commenting directly on the lawsuit.

These reforms are an extension of the earlier efforts to revamp the NEPA process initiated in 2022, reversing changes made during the Trump administration that relaxed the process.

The previous changes under the Biden administration required federal agencies to consider the direct, indirect, and cumulative impacts of proposed projects or actions.

The White House’s Council on Environmental Quality has labeled the latest reforms as a “key component” of Biden’s plans to expand clean energy systems and revamp American infrastructure.

In April, it stated that these new reforms are in line with the agency’s legal authority.