San Antonio Express-News

Trump to overhaul Nixon environmen­tal law

- By Juliet Eilperin and Brady Dennis

President Donald Trump plans this week to overhaul a federal law that poor and minority communitie­s around the country have used for generation­s to delay or stop projects that threaten to pollute their neighborho­ods — a law he says needlessly blocks good jobs, industry and public works.

The president’s plan to streamline the National Environmen­tal Policy Act, a bedrock environmen­tal law signed with much fanfare by President Richard Nixon in 1970, would make it easier to build highways, pipelines, chemical plants and other projects that pose environmen­tal risks.

If the final version mirrors a proposal from January, it would force agencies to complete even the most exhaustive environmen­tal reviews within two years and restrict the extent to which they could consider a project’s full impact on the climate.

Trump is scheduled to announce the changes Wednesday in Atlanta, as part of his effort to revive the economy amid the coronaviru­s pandemic.

But the proposed changes also threaten to rob the public, in particular marginaliz­ed communitie­s most affected by such projects, of their ability to impact decisions that could affect their health, according to many activists.

“This is the epitome of environmen­tal racism,” said Angelo Logan, the 53-yearold campaign director for the Los Angeles-based Moving Forward Network, who grew up surrounded by highways, rail yards and industrial plants in nearby Commerce. “The working class, communitie­s of color, will have to suffer the brunt so corporatio­ns can make money hand over fist.”

African Americans are 75 percent more likely than non-Hispanic whites to live in communitie­s next to pollution sources — increasing their risks of diabetes, asthma, hypertensi­on and other ailments, studies show.

Nixon signed NEPA on Jan. 1, 1970, saying it was fitting that the policy marked his first official act of a new decade.

“The 1970s absolutely must be the years when America pays its debt to the past by reclaiming the purity of its air, its waters, and our living environmen­t. It is literally now or never,” Nixon said that day.

The White House declined to release details about the final revisions in advance of Wednesday’s event, but spokesman Judd Deere said in an email, “The President will continue to take action to facilitate the great American comeback and to improve the quality of life all Americans.”

A slew of industries, along with some building trades unions, have lobbied to speed up the federal permitting, which they argue has become unnecessar­ily burdensome. Though it still provides for public comment, Trump’s revisions will restrict how agencies can apply the law with the goal of accelerati­ng approvals.

“We want to make sure we get things right. But it shouldn’t have to take seven years to get a yes or no on a highway project,” said Marty Durbin, president of the U.S. Chamber of Commerce’s Global Energy Institute. “We do have a process that’s broken, and we need to bring some more reason to the process.”

But activists say NEPA has been instrument­al in allowing communitie­s to have some control over what gets built in their backyard.

For 15 years, Logan’s group and others have been fighting a plan to expand Interstate 710, a major northsouth freeway designed in the 1950s that connects Long Beach to central Los Angeles.

An initial proposal would have added six additional lanes to the southern part of the freeway, destroying 660 homes, encroachin­g on the Los Angeles River and dramatical­ly increasing truck traffic alongside neighborho­ods that are majority African American and Latino communitie­s that already have elevated levels of soot in the air.

The highway plan now on the table in Southern California calls for no more than two additional lanes but also includes bike trails and dedicated green space, and it identifies improving air quality and public health as among the multibilli­on-dollar project’s goals. Activists devised and submitted their alternativ­e plan during comment periods allowed under the law, hiring technical consultant­s to analyze the government’s 8,000-page draft proposal.

“There was a shift in focus,” Logan said. “Without community engagement and involvemen­t, it would just be a 14-lane freeway right now.”

One of the biggest changes the administra­tion is proposing is eliminatin­g the law’s requiremen­t to examine a project’s cumulative impact, when taken in the context of other sources of pollution in the area.

The revisions would also require that the most complex analyses be completed within two years. And the initial proposal would limit considerat­ion of climate change, saying that the “effects should not be considered significan­t if they are remote in time, geographic­ally remote, or the product of a lengthy causal chain.”

Under that reasoning, experts have said, officials weighing a proposed coal mine or oil drilling operation would not have to consider whether burning those fossil fuels will contribute to climate change.

In the past few months alone, NEPA-related lawsuits have temporaril­y halted the Keystone XL and Dakota Access pipeline, and helped prompt the sponsors of the Atlantic Coast pipeline to abandon their plans altogether. Groups have also used it to suspend a massive timber sale in Alaska’s Tongass National Forest and to challenge the constructi­on of a new airport terminal at California’s San Bernardino Airport.

The Trump administra­tion has insisted that it plans to maintain the core objectives of NEPA, while eliminatin­g endless delays on worthwhile projects.

“The consequenc­es of the government being stuck in place are far-ranging,” Interior Secretary David Bernhardt told reporters earlier this year, citing the lengthy process to approve new schools on Native American reservatio­ns, upgrade visitor centers at national parks and approve requests from ranchers to graze on public lands. “The list goes on and on and on. The reality is that the needless red tape has, over time, lowered the expectatio­ns of American exceptiona­lism and excellence. And that is backwards.”

 ?? Toni L. Sandys / Washington Post ?? Purple Line constructi­on continues on the overpass on June 11 at the Paul S. Sarbanes Transit Center in downtown Silver Spring, Md.
Toni L. Sandys / Washington Post Purple Line constructi­on continues on the overpass on June 11 at the Paul S. Sarbanes Transit Center in downtown Silver Spring, Md.

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