Winston’s Environmental Law Update

The first amendments to the National Environmental Policy Act (NEPA) in decades might materially narrow NEPA reviews and streamline federal permitting of oil, gas, and renewable energy projects, leasing on federal lands, and reviews for roads, bridges, and other infrastructure projects, including the extent to which federal agencies must consider greenhouse gas emissions said to impact climate change.

In this alert, we first examine whether such superseding approval by FERC would be subject to the National Environmental Policy Act (NEPA) and require an environmental impact statement (EIS).  Second, we explore how such backstop siting authority is likely to affect state Public Utility Commissions (PUCs) permitting decisions.  Overall, it is unlikely that the new IIJA will lead to a sudden acceleration of the siting of transmission lines.

Recent lawsuits against renewable energy projects show that they are not immune from environmental challenges. Many support deploying more wind and solar assets to reduce greenhouse gas emissions.