NEPA Restoration Puts Environmental Review Back on Track

WASHINGTON - Today the Biden administration issued a revised rule implementing the National Environmental Protection Act (NEPA) the landmark 1970 law that guides federal agencies in the review of major projects and decision-making.

Following a two-step rulemaking process to restore key aspects of the regulations after they were severely weakened during the prior administration, the announcement of strengthened NEPA regulations today returns key aspects of NEPA that facilitate community participation and affirm the responsibility of federal agencies to consider climate change and environmental justice impacts as integral components of their project decisions.

NRDC and partner groups went to courtin 2020 to challenge the unlawful rollback of these vital regulations. That case, filed on behalf of state and national environmental justice partners and civil society organizations, was placed on hold while the Biden administration finalized this new rule.

Following are statements responding to the restoration of the law from NRDC and partners in our NEPA lawsuit:

"NEPA leads to better decisions -- and better outcomes -- for everyone, and it is a relief to finally see it revitalized," said Christy Goldfuss, Executive Director at NRDC (Natural Resources Defense Council.) "Meaningful community engagement is the key to unlocking our clean energy future. It leads to better projects that face less opposition on the back end. We do not have to sacrifice environmental justice, community safeguards, public health, or environmental protections to fight climate change and build the clean energy economy we need."

"We are thrilled to see NEPA strengthened and restored. This new rule is a significant win in protecting communities from environmental harm, and ecosystems that birds and other wildlife depend on for their survival," said Sam Wojcicki, Senior Director of Climate Policy at the National Audubon Society. "A strong NEPA means better public health and environmental outcomes and fewer delays for responsibly-sited clean energy infrastructure needed to combat the climate crisis. The new climate and environmental justice provisions will result in more robust, more resilient projects, while ensuring that the voices of impacted communities are heard. Meaningful community engagement is critical for an equitable, sustainable, and lasting clean energy transition."

"During this time of climate crisis and unprecedented federal investments in infrastructure, a strong and protective NEPA is more important than ever," said Stephanie Herron, National Organizer at the Environmental Justice Health Alliance for Chemical Policy Reform (EJHA.) "As we transition toward a pollution free economy, resident-informed decision making, full accounting of cumulative impacts, appropriate project development and siting will be key. We're thankful for this administration's commitments to EJ and hope to see them come to fruition in robust implementation and application of NEPA, especially when it comes to proposed hydrogen hubs."

NRDC (Natural Resources Defense Council) is an international nonprofit environmental organization with more than 3 million members and online activists. Established in 1970, NRDC uses science, policy, law and people power to confront the climate crisis, protect public health and safeguard nature. NRDC has offices in New York City, Washington, D.C., Los Angeles, San Francisco, Chicago, Bozeman, MT, Beijing and Delhi (an office of NRDC India Pvt. Ltd).