Permitting Up in the Air as Trump Admin Takes Office

The first few weeks of the second Trump administration have been busy to say the least. Included among the dozens of executive orders from the first week of the administration was a day 1 order with significant implications for project permitting in the United States. While the order, titled “Unleashing American Energy,” was ostensibly focused on speeding up permitting for energy and natural resources projects, its changes could have significant implications for all projects permitted under the National Environmental Policy Act of 1969 (NEPA).

Whether the proposed changes speed up permitting or inadvertently slow things down actually remains to be seen. They will certainly increase uncertainty for federal agencies regarding the requirements of an environmental study, at least in the short term. Once the changes are finalized, they will also almost certainly be challenged in court.

The executive order requires the Council on Environmental Quality (CEQ) to provide new guidance on implementing NEPA in February. The new guidance will be simple: there is no guidance.