The White House finalized a rule that will once again require federal agencies to consider indirect and cumulative environmental impacts of their actions
The Biden administration is restoring federal regulations guiding environmental reviews of major infrastructure projects such as highways and pipelines that were scaled back by the Trump administration in a bid to fast-track the projects. | Jim Mone/AP PhotoThe White House on Tuesday finalized a rule that will once again require federal agencies to consider indirect and cumulative environmental impacts of their actions, including those related to climate change.
The rule drew litigation, but the lawsuits have not advanced far given the Biden administration’s plans to reconsider the regulation. One judge last yearafter finding their alleged harm was “too speculative” at this stage.and take effect May 20. It makes three major changes. It also expands agency flexibility to define the “purpose and need” of a project or action, an early step in the review process that defines things like which alternative actions are considered. The rule “clarifies that agencies have discretion to consider a variety of factors when assessing an application for an authorization, removing the requirement that an agency base the purpose and need on the goals of an applicant and the agency’s statutory authority.
“Restoring these basic community safeguards will provide regulatory certainty, reduce conflict, and help ensure that projects get built right the first time,” CEQ Chair Brenda Mallory said in a statement. “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.
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