The Denver Post

Biden is restoring climate to landmark environmen­tal law

- By Lisa Friedman

WASHINGTON » The Biden administra­tion announced Tuesday that it is restoring parts of a bedrock environmen­tal law, once again requiring that climate impacts be considered and local communitie­s have input before federal agencies approve highways, pipelines and other major projects.

The administra­tion has resurrecte­d requiremen­ts of the 50year-old National Environmen­tal Policy Act that had been removed by President Donald Trump, who complained that they slowed down the developmen­t of mines, road expansions and similar projects.

The final rule announced Tuesday would require federal agencies to conduct an analysis of the greenhouse gases that could be emitted over the lifetime of a proposed project, as well as how climate change might affect new highways, bridges and other infrastruc­ture, according to the White House Council on Environmen­tal Quality. The rule, which takes effect in 30 days, would also ensure agencies give communitie­s directly affected by projects a greater role in the approval process.

Brenda Mallory, chairwoman of the council, described the regulation as restoring “basic community safeguards” that the Trump administra­tion had eliminated.

“Patching these holes in the environmen­tal review process will help projects get built faster, be more resilient and provide greater benefits to people who live nearby,” she said in a statement.

The move comes as President Joe Biden’s climate agenda faces headwinds from Congress and the courts. The president also is under pressure to boost oil production as a way to temper high gas prices across the United States.

Last week, the Interior Department said it would begin offering oil and gas drilling leases on public lands and waters, despite Biden’s campaign promise that he would end new leases. Senior administra­tion officials this week maintained the leasing decision was necessary because of a court ruling and said that it had also raised federal royalties that companies must pay to drill.

On Friday, which is Earth Day, Biden will be in Seattle, where aides said he is expected to give a speech highlighti­ng efforts to expand solar energy and offshore wind farms as well as clean energy initiative­s that Congress authorized last year as part of a $1.2 trillion bipartisan infrastruc­ture package.

Administra­tion officials said the new rule would not have major immediate effects since the Biden administra­tion had already been weighing the climate change impacts of proposed projects. But it would force future administra­tions to abide by the process or undertake a lengthy regulatory process and possibly legal challenges to again undo it.

The National Environmen­tal Policy Act was signed into law by President Richard Nixon in 1970, after several environmen­tal disasters, including a crude oil spill off the coast of Santa Barbara, Calif., and a series of fires on the heavily polluted Cuyahoga River in Ohio, that shocked the nation.

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