Trump versus NEPA: let’s get ready to rumble!

In an increasing number of lawsuits, plaintiffs argue that energy and other development organisations violate the National Environmental Policy Act (NEPA), often citing a failure to assess the impacts of climate change. The fast-moving, pro-energy tactics of the administration have encouraged some of this litigation. NEPA was intended as a procedural tool but it’s broad scope, complexity, and multiple sets of rules make it usable in many ways and ripe for controversy and politicisation. With respect to coal, early successes by the administration have given way to a stalemate due in part to the NEPA lawsuits. The appointment and confirmation of a new Interior Secretary may be evidence that the President is adapting and using a different strategy to reach his energy goals.