The Trump Administration has taken a large whack at the National Environmental Policy Act (often better known by its acronym, NEPA). NEPA is the federal environmental law that requires that the federal government understand and acknowledge the environmental impacts of its actions and provide an opportunity for public engagement on projects.

While a bedrock federal environmental law, the law itself is vaguely worded. Thus, implementing regulations (issued by the Council on Environmental Quality in 1978) have been important to its application. Through these regulations, we have NEPA as we know it — “major federal projects” and “cumulative impact analysis” and so on. All that changed on January 20th. Through Executive Order, Trump revoked the authority of the Council on Environmental Quality to issue regulations and the agency has withdrawn the long-standing rules. Now we are in a legal limbo: NEPA still exists (Trump can’t veto a law that has already been approved) but the rules implementing NEPA are gone. What are we to do?

Jan Hasselman of Earthjustice and Melodie Meyer of EPIC join the program to discuss this major turning point in federal environmental law.

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