A New Approach To Climate Analysis Under NEPA?

By Avi Garbow, Abbey Hudson and Marissa Moshell (November 2, 2017, 12:05 PM EDT) -- As we near the end of 2017, we have seen a significant year-over-year increase in the development of large-scale infrastructure projects. For example, government agencies self-reported nearly a dozen permit approvals for major infrastructure projects in 2016, but these approvals more than doubled in 2017.[1] The increase in project approvals may be influenced by a number of factors, including the continued implementation of the Fixing America's Surface Transportation (FAST) Act,[2] signed into law by then-President Barack Obama in 2015, and the more recent executive order issued by President Donald Trump, entitled "Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure."[3] But beyond these statutory and administrative actions are the impacts of the long-standing requirements under the National Environmental Policy Act....

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