Reimagining the Impact of NEPA on Climate Change and Infrastructure Projects

The Battle over New York City’s Congestion Price Plan

A bedrock federal law designed to protect the environment and empower local communities is being weaponized to block progress on climate change, infrastructure, and housing. This battle is exemplified by the ongoing dispute over New York City’s landmark congestion price plan. After over 50 years of efforts to implement a toll program that would reduce greenhouse emissions and congestion in lower Manhattan, the plan faced opposition from New Jersey, citing the National Environmental Policy Act of 1970 (NEPA). The law requires a detailed assessment of the environmental impact before approving projects that could significantly alter the environmental landscape.

Congestion Pricing Around the World

Congestion taxes have been successfully implemented in major cities worldwide, despite initial controversy. European cities like London and Stockholm have experienced a range of benefits, including reduced congestion, lower carbon dioxide pollution, and fewer pediatric acute asthma cases. However, New Jersey argues that the Federal Highway Administration failed to adequately consider the impact of congestion pricing on diverting traffic and harming the state’s environment.

The Push for NEPA Reform

Advocates of NEPA reform argue that it is ironic for New York City’s congestion tax, intended to curb greenhouse emissions and boost mass transit, to be hindered by a law meant to improve the environment. Increasingly, Democrats in Congress and left-leaning researchers are embracing the idea of streamlining the review process. They acknowledge the need to protect the environment but argue that the process must be modernized to address the urgency of climate change.

Environmental Review as a Barrier

Critics argue that environmental review procedures have become a barrier to progress in various cases. Lawsuits related to expanding student admissions at universities, housing zoning reforms, and affordable housing for seniors demonstrate how environmental review procedures can delay projects and exacerbate issues such as carbon emissions and housing shortages.

The Origins and Evolution of NEPA

The National Environmental Policy Act, passed in 1969, aimed to require federal agencies to consider environmental impacts during their decision-making process. It also gave local communities a greater voice in government decisions. However, critics argue that NEPA has strayed from its original purpose, with over 12,000 comprehensive environmental reviews conducted annually. This has resulted in ballooning review sizes and significant delays for projects, including clean energy initiatives.

The Need for Reform

Reforming the environmental review process has become a bipartisan issue, although tensions exist between the goals of protecting the environment and expediting infrastructure projects. The Biden administration has proposed a new rule to speed up permitting for clean energy and infrastructure projects under NEPA, aiming to strike a balance between speed and environmental protection.

The Debate Over Proposed Reforms

While some environmental groups support the proposed reforms to advance clean energy progress, others fear that these changes may undermine key environmental protections. The future of NEPA and its role in shaping climate change and infrastructure projects remains a subject of debate.

Read More of this Story at www.cnn.com – 2023-08-12 18:03:00

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