Analysis

WH Tweak To Enviro Review Rule May Bring New Headaches

By Juan Carlos Rodriguez (July 16, 2020, 9:35 PM EDT) -- The Trump administration gave its final rewrite of a rule on how agencies conduct environmental reviews a better chance of surviving legal challenges by backing away from clear language that may have been vulnerable to attack, but in doing so, it may have created new problems by leaving certain terms up to agencies to define.

The White House on Wednesday stepped back from the proposed rule's total ban on consideration of a project's "indirect" effects on the environment during a National Environmental Policy Act review, while declining to completely spell out what types of projects are exempt from NEPA reviews....

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