Richard J Wenning, Wenning Environmental LLC, Portland, Maine, US
Pieter N Booth, Net Gain Ecological Services LLC, Shelton, Washington, US
Published on JD Supra, 01 April 2025
ABSTRACT:
Recent executive orders and regulatory changes in U.S. environmental policy by the second Trump Administration, particularly focusing on the National Environmental Policy Act (NEPA), may or may not have consequences for the “BIG 3” environmental assessments – damage, impact, and risk assessments. The removal of White House Council on Environmental Quality (CEQ) NEPA regulations, effective 11 April 2025, signals a shift towards a broader deregulation agenda, potentially undermining foundational principles of environmental protection established since the 1970s. Damage, impact, and risk assessments may be viewed as burdensome and face scrutiny under the Department of Government Efficiency (DOGE). Regardless, changes to regulations and federal oversight will likely affect the quality and utility of environmental assessments. Significant staffing cuts at the EPA may diminish federal oversight of hazardous waste and contaminated sites, potentially shifting responsibilities to state and tribal trustees. Expediting the review and approval of major federally funded projects may compromise the thoroughness of environmental impact assessments. Proposed rollbacks of regulations affecting chemical reviews and risk assessments could lead to outdated standards and insufficient evaluations of environmental risks. These and other possible consequences, which may or may not happen, mean the regulated community will need to weigh the opportunities created by less regulatory pressure against the risks posed by the actual or perceived lowering of environmental and social standards and performance. Environmental assessments won’t vanish entirely. Although institutional knowledge at federal agencies may be “DOGE’d,” companies and their legal counsel with the foresight to consider the long-term consequences of their actions will endure. Fortune 100 companies have weathered political changes for over a century. Business and government policies should transcend politics. The need for resource stewardship in the face of scarcity and the growing likelihood of a future transition to a global biophysical economy will demand the insights that environmental assessors provide.
