When the government proposes a project that could impact the health of your community and environment, one federal law keeps you in the loop and allows your voice to be heard—but last week the Trump Administration pulled it apart. As a result, the AAC is joining forces with Winter Wildlands Alliance and 20 other conservation and environmental justice organizations to sue the Council on Environmental Quality and the Trump Administration.
The National Environmental Policy Act (NEPA) ensures federal decision making is transparent, scientifically informed and that the public has an opportunity to share their expertise and concerns. It’s a bedrock environmental law that requires Federal agencies to engage in a project review process to identify the environmental, cultural, economic, and health impacts of a project, as well as offering alternatives to the plan before a decision is made.
Sounds pretty reasonable right?
Well, after years of environmental deregulation under the guise of “efficiency” and “job creation,” the Trump Administration finalized its biggest rollback yet. On July 15, the White House’s Council on Environmental Quality released the final text of their updates to the rules that implement NEPA.
These rule changes raise major concerns not only for the protection of public lands and outdoor recreation, but for the health and well-being of communities across the country who rely on clean air, water and a healthy climate. The destruction of NEPA is not only an environmental issue, but a social justice issue as well.
“This rule change is a massive step backward not only for public lands and the climbing community but for all Americans. NEPA ensures meaningful community participation and representation, it considers public health data and other important scientific research to make informed decisions, and it considers the composition of the affected area to determine and address disproportionate impacts on low-income and minority communities. These changes fly in the face of every American’s right to a healthy environment - especially now in the midst of a public health crisis.”
WHAT IS CEQ
Essentially, the Council on Environmental Quality (CEQ), is the keeper of the nation’s environmental goals. Created by NEPA, the CEQ is meant to advise the Executive branch on how best to protect the quality of the nation’s environment. Importantly, it’s tasked with overseeing how NEPA is implemented by federal agencies such as the National Forest Service or the Bureau of Land Management. As you can imagine, the CEQ plays a major role in how our natural resources are managed, and that role can change dramatically from administration to administration.
CUMULATIVE IMPACTS
The CEQ’s new regulations limit the scope of environmental review and remove meaningful science and data from decision making. Importantly, it no longer requires agencies to consider certain long-term effects of a project due to eliminating what are known as “cumulative and indirect impacts” from environmental analysis. These are the effects of a project that result from incremental actions, or impacts that are reasonably foreseeable in the future. These impacts may be minor individually, but collectively result in significant impacts over time.
For example:
Say there’s a new logging proposal on Mt. Hood which will cut a road directly through the approach trail to your favorite climb! In the previous NEPA process, the Forest Service would need to create an Environmental Impact Statement (EIS) where they consider the immediate impacts of the logging proposal on things like wildlife, recreation, and the watershed. In addition, the EIS would also analyze the indirect effects, such as the long-term decline of a species due to habitat fragmentation, as well the cumulative impacts, like the impact on the climate due to removing a carbon rich forest.
In the updated NEPA process, the Forest Service is now only responsible for considering immediate and direct effects of the proposal and can ignore those indirect and cumulative impacts, of which there are many.
Removing the requirement to consider long-term project effects opens the door for extractive industries looking for fewer environmental constraints. This favors the interests of industry over the health of our communities and impedes our important work to address climate change.
PUBLIC PROCESS
Discussions surrounding NEPA cannot be had without acknowledging the systems of environmental racism that have been in place in this country since its inception. Disruptive federal projects like the interstate system or power plants, have historically landed in the communities of Black, Indigenous, and People of Color. The history of racial injustice caused by these federal projects was part of the impetus behind NEPA’s creation. The law provided the chance for community members and allies to have a say in projects being proposed in their own backyards. Trump’s rollback sidelines the public and gives corporate polluters the ability to cut corners and complete their own analysis without listening to opinions of constituents. Industry does not deserve to have the final say on the future of our communities and public lands.
“The elimination of public comment periods silences citizens while giving a megaphone to corporations who profit from the destruction of public lands and pollute neighborhoods across the country.”
HOW CAN WE INTERVENE?
Congress must take action to hold the Administration accountable and defend the National Environmental Policy Act, an act that once was celebrated for its overwhelming bi-partisan support. Our elected officials must understand that public process and the need for thorough environmental analysis are not partisan issues. We must elect officials who will stand up for laws that aim to protect our environment and vulnerable communities.
The AAC is committed to fighting for the National Environmental Policy Act at all costs which is why we are suing the Trump Administration. There is a long fight ahead, but together we can protect our climbing landscapes and communities.