Thomas Kimbrell’s Post

The White House Council on Environmental Quality on Tuesday finalized a rule updating the National Environmental Policy Act (NEPA) to streamline permitting for infrastructure. The final rule, which was part of an agreement in last summer’s deal to increase the federal debt ceiling, creates new methods for the federal government to establish a categorical exclusion. Environmental groups praised the Biden administration for the final rule, saying it restored enforcement strength to the NEPA that had been previously rolled back. API - American Petroleum Institute Senior Vice President of Policy, Economics and Regulatory Affairs Dustin Meyer described the final rule as "the opposite of what is needed to create a durable and predictable permitting review process," as it threatens to add "bureaucratic roadblocks to an already arduous process." #whitehouse #nepa #api #environment #environmentalpolicy #policy #publicpolicy #economics

Join Farella Braun + Martel and the Environmental Law Institute on April 29 for the relaunch of Unplugged: The Renewable Energy Speaker Series with Farella’s John Ugai and guest speakers Miana Campbell with U.S. Department of Energy, Maria Castillo with Rocky Mountain Institute, Tracy Craig with Craig Communications, and Daniel Raimi with Resources for the Future. The Inflation Reduction Act included key incentive programs, such as the Low-Income Communities Bonus Credit Program and the Energy Community Tax Credit Bonus, that sought to spur clean energy development in frontline communities. Our expert panelists will discuss the status of those programs one and a half years later, and the current opportunities and challenges for clean energy developers and environmental justice communities. What are the recent trends in developing clean energy projects within these communities? What difficulties have arisen with new projects, and how can they be overcome? Speakers will address these questions and more. Details and registration: https://lnkd.in/gSaxRh8C #RenewableEnergy #InflationReductionAct #EnvironmentalJustice #CleanEnergy

Join Farella and the Environmental Law Institute on April 29 for the relaunch of Unplugged: The Renewable Energy Speaker Series with Farella’s @[John Ugai](null) and guest speakers Miana Campbell with U.S. Department of Energy, Maria Castillo with Rocky Mountain Institute, Tracy Craig with Craig Communications, and Daniel Raimi with Resources for the Future. The Inflation Reduction Act included key incentive programs, such as the Low-Income Communities Bonus Credit Program and the Energy Community Tax Credit Bonus, that sought to spur clean energy development in frontline communities. Our expert panelists will discuss the status of those programs one and a half years later, and the current opportunities and challenges for clean energy developers and environmental justice communities. What are the recent trends in developing clean energy projects within these communities? What difficulties have arisen with new projects, and how can they be overcome? Speakers will address these questions and more.

Join Farella and the Environmental Law Institute on April 29 for the relaunch of Unplugged: The Renewable Energy Speaker Series with Farella’s @[John Ugai](null) and guest speakers Miana Campbell with U.S. Department of Energy, Maria Castillo with Rocky Mountain Institute, Tracy Craig with Craig Communications, and Daniel Raimi with Resources for the Future. The Inflation Reduction Act included key incentive programs, such as the Low-Income Communities Bonus Credit Program and the Energy Community Tax Credit Bonus, that sought to spur clean energy development in frontline communities. Our expert panelists will discuss the status of those programs one and a half years later, and the current opportunities and challenges for clean energy developers and environmental justice communities. What are the recent trends in developing clean energy projects within these communities? What difficulties have arisen with new projects, and how can they be overcome? Speakers will address these questions and more.

Join Farella and the Environmental Law Institute on April 29 for the relaunch of Unplugged: The Renewable Energy Speaker Series with Farella’s @[John Ugai](null) and guest speakers Miana Campbell with U.S. Department of Energy, Maria Castillo with Rocky Mountain Institute, Tracy Craig with Craig Communications, and Daniel Raimi with Resources for the Future. The Inflation Reduction Act included key incentive programs, such as the Low-Income Communities Bonus Credit Program and the Energy Community Tax Credit Bonus, that sought to spur clean energy development in frontline communities. Our expert panelists will discuss the status of those programs one and a half years later, and the current opportunities and challenges for clean energy developers and environmental justice communities. What are the recent trends in developing clean energy projects within these communities? What difficulties have arisen with new projects, and how can they be overcome? Speakers will address these questions and more.

Join Farella and the Environmental Law Institute on April 29 for the relaunch of Unplugged: The Renewable Energy Speaker Series with Farella’s @[John Ugai](null) and guest speakers Miana Campbell with U.S. Department of Energy, Maria Castillo with Rocky Mountain Institute, Tracy Craig with Craig Communications, and Daniel Raimi with Resources for the Future. The Inflation Reduction Act included key incentive programs, such as the Low-Income Communities Bonus Credit Program and the Energy Community Tax Credit Bonus, that sought to spur clean energy development in frontline communities. Our expert panelists will discuss the status of those programs one and a half years later, and the current opportunities and challenges for clean energy developers and environmental justice communities. What are the recent trends in developing clean energy projects within these communities? What difficulties have arisen with new projects, and how can they be overcome? Speakers will address these questions and more.

I found this to be interesting the United States Supreme Court to Hear Case on Required Scope of Agency NEPA Reviews Summary: On June 24, 2024, the U.S. Supreme Court agreed to hear a case, Seven County Coalition v. Eagle County, Co., which addresses the scope of federal agency environmental reviews under the National Environmental Policy Act (NEPA). NEPA mandates that federal agencies evaluate the environmental impacts of proposed federal actions and provide a report on the effects, alternatives, or mitigation methods. Case Background: The case was brought by the Seven County Infrastructure Coalition, representing seven Utah counties, challenging a decision by the U.S. Courts of Appeal (D.C. Circuit). The dispute centers on the interpretation of Department of Transportation v. Public Citizen (2004), where the Supreme Court ruled that an agency is not required to study environmental effects it cannot prevent due to limited statutory authority. The D.C. Circuit revoked approval for a rail line to transport crude oil from Utah, arguing that the NEPA report failed to adequately address future environmental impacts, including climate change. Legal Interpretations: Most appellate courts have ruled that agencies can limit their NEPA review to effects within their regulatory authority. The counties argue that the U.S. Surface Transportation Board’s NEPA analysis was sufficient as it addressed concerns within its regulatory scope. The D.C. Circuit, however, applied a minority interpretation, focusing on whether an agency could block a project too harmful to the environment, thus requiring a broader NEPA analysis. Potential Implications: A Supreme Court ruling in favor of the Seven County Infrastructure Coalition would limit NEPA reviews to impacts within an agency's regulatory jurisdiction, reducing their scope. Upholding the D.C. Circuit’s decision would require agencies to evaluate all environmental impacts of a project, even those beyond their regulatory authority.

Come hear from an amazing lineup of speakers about the Inflation Reduction Act’s key incentive programs!

In the new National Environmental Policy Act Phase II (NEPA II) rule, Washington has taken a federal review process that already is a major obstacle to building important infrastructure of all kinds and made it worse. API’s Dustin Meyer: “This final rulemaking is the opposite of what is needed to create a durable and predictable permitting review process to unleash energy investment in America. Amid rising demand for affordable, reliable and cleaner energy sources, this final rule adds bureaucratic roadblocks to an already arduous process, jeopardizing the buildout of needed projects and low carbon infrastructure.” The new rule misses congressional intent in NEPA reforms passed in the 2023 Fiscal Responsibility Act, lacks transparency and disproportionately favors renewable energy sources and is tilted against oil and natural gas. As finalized, the rule could stop the permitting of many U.S. energy projects needed to serve Americans and consumers overseas. Read more … https://lnkd.in/eFtM4Gb4

On June 20, 2024, the amended federal Impact Assessment Act came into force with the aim of re-establishing a robust framework that restores certainty and clarity to project proponents, Indigenous communities, and stakeholders, and delivers good projects for Canada. The amendments are in response to the Supreme Court of Canada decision that identified jurisdictional issues with the original Act. The amendments are intended to: - Focus the IAA on adverse effects within federal jurisdiction - Introduce new factors that may be taken into account when making a designation assessment, including alternatives to an impact assessment - Limit requests for detailed project descriptions - Facilitate of substitution mechanism such as provincial environmental assessment