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July 2020

Trump’s New Chant: Build the Road Fixing environmental reviews will pay real dividends for years.

https://www.wsj.com/articles/trumps-new-chant-build-the-road-11594941448?mod=opinion_lead_pos1

President Trump often gets itchy to sign some giant public-works spending bill. Here’s a much better gift to America: The White House on Wednesday finished its renovations to the process for environmental reviews. This might sound as dry as old cement, but it’ll help big projects get built for years to come—that is, if President Joe Biden doesn’t use an expedited procedure next year to undo it.

A 1970 law called the National Environmental Policy Act, or NEPA, mandates an environmental study if a major project involves federal funding or permitting. In 1981 the expectation by the White House Council on Environmental Quality (CEQ) was that even for “large complex energy projects,” the whole review process “would require only about 12 months.”

Today that seems heavenly. In recent years the average review involving an environmental impact statement took 4.5 years, and the final document ran to 661 pages, before appendixes. In a quarter of cases, the process burned at least six years and 748 pages. Those timelines don’t necessarily count any subsequent lawsuits over whether the NEPA review was faulty. One sadly spectacular outlier was a 12-mile highway expansion in Denver that took 13 years to get through environmental review.

The Trump Administration’s reforms, which are the first comprehensive update to NEPA rules since 1978, establish presumptive limits. A full environmental impact statement, the new rules say, should take no more than two years and 300 pages. An environmental assessment, which is less intensive, should max out at a year and 75 pages. Going longer will require written permission by “a senior agency official.”