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COP24 Climate Talks in Poland gather nearly 200 nations to finalize the Paris Agreement rulebook, advance the Talanoa Dialogue, strengthen emissions reporting and transparency, and align finance, technology transfer, and IPCC science for urgent mitigation.

Key Points

UNFCCC summit in Katowice to finalize Paris rules, enhance transparency, and drive stronger emissions cuts.

✅ Paris rulebook on reporting, transparency, markets, and timelines

✅ Talanoa Dialogue to assess gaps and raise ambition by 2020

✅ Finance and tech transfer for developing countries under UNFCCC

Delegates from nearly 200 countries have assembled this month in Katowice, Poland — the heart of coal country — to try to move the ball forward on battling climate change.

It’s now the 24th annual meeting, or “COP” — conference of the parties — under the landmark U.N. Framework Convention on Climate Change, which the United States signed under then-President George H.W. Bush in 1992. More significantly, it’s the third such meeting since nations adopted the Paris climate agreement in 2015, widely seen at the time as a landmark moment in which, at last, developed and developing countries would share a path toward cutting greenhouse gas emissions, as Obama's clean energy push sought to lock in momentum.

But the surge of optimism that came with Paris has faded lately. The United States, the second largest greenhouse gas emitter, said it would withdraw from the agreement, though it has not formally done so yet. Many other countries are off target when it comes to meeting their initial round of Paris promises — promises that are widely acknowledged to be too weak to begin with. And emissions have begun to rise after a brief hiatus that had lent some hope of progress.

The latest science, meanwhile, is pointing toward increasingly dire outcomes. The amount of global warming that the world already has seen — 1 degree Celsius, 1.8 degrees Fahrenheit — has upended the Arctic, is killing coral reefs and may have begun to destabilize a massive part of Antarctica. A new report from the U.N.'s Intergovernmental Panel on Climate Change (IPCC), requested by the countries that assembled in Paris to be timed for this year’s meeting, finds a variety of increasingly severe effects as soon as a rise of 1.5 degrees Celsius arrives — an outcome that can’t be avoided without emissions cuts so steep that they would require societal transformations without any known historical parallel, the panel found.

It’s in this context that countries are meeting in Poland, with expectations and stakes high.

So what’s on the agenda in Poland?

The answer starts with the Paris agreement, which was negotiated three years ago, has been signed by 197 countries and is a mere 27 pages long. It covers a lot, laying out a huge new regime not only for the world as a whole to cut its greenhouse gas emissions, but for each individual country to regularly make new emissions-cutting pledges, strengthen them over time, report emissions to the rest of the world and much more. It also addresses financial obligations that developed countries have to developing countries, including how to achieve clean and universal electricity at scale, and how technologies will be transferred to help that.

But those 27 pages leave open to interpretation many fine points for how it will all work. So in Poland, countries are performing a detailed annotation of the Paris agreement, drafting a “rule book” that will span hundreds of pages.

That may sound bureaucratic, but it’s key to addressing many of the flash points. For instance, it will be hard for countries to trust that their fellow nations are cutting emissions without clear standards for reporting and vetting. Not everybody is ready to accept a process like the one followed in the United States, which not only publishes its emissions totals but also has an independent review of the findings.

“A number of the developing countries are resisting that kind of model for themselves. They see it as an intrusion on their sovereignty,” said Alden Meyer, director of strategy and policy at the Union of Concerned Scientists and one of the many participants in Poland this week. “That’s going to be a pretty tough issue at the end of the day.”

It’s hardly the only one. Also unclear is what countries will do after the time frames on their current emissions-cutting promises are up, which for many is 2025 or 2030. Will all countries then start reporting newer and more ambitious promises every five years? Every 10 years?

That really matters when five years of greenhouse gas emissions — currently about 40 billion tons of carbon dioxide annually — are capable of directly affecting the planet’s temperature.

What can we expect each day?

The conference is in its second week, when higher-level players — basically, the equivalent of cabinet-level leaders in the United States — are in Katowice to advance the negotiations.

As this happens, several big events are on the agenda. On Tuesday and Wednesday is the “Talanoa Dialogue,” which will bring together world leaders in a series of group meetings to discuss these key questions: “Where are we? Where do we want to go? How do we get there?”

Friday is the last day of the conference, but pros know these events tend to run long. On Friday — or after — we will be waiting for an overall statement or decision from the meeting which may signal how much has been achieved.

What is the “Talanoa Dialogue”?

“Talanoa” is a word used in Fiji and in many other Pacific islands to refer to “the sharing of ideas, skills and experience through storytelling.” This is the process that organizers settled on to fulfill a plan formed in Paris in 2015.

That year, along with signing the Paris agreement, nations released a decision that in 2018 there should be a “facilitative dialogue" among the countries “to take stock” of where their efforts stood to reduce greenhouse gas emissions. This was important because going into that Paris meeting, it was already clear that countries' promises were not strong enough to hold global warming below a rise of 2 degrees Celsius (3.6 degrees Fahrenheit) above preindustrial temperatures.

This dialogue, in the Talanoa process, was meant to prompt reflection and maybe even soul searching about what more would have to be done. Throughout the year, “inputs” to the Talanoa dialogue — most prominently, the recent report by the United Nations' Intergovernmental Panel on Climate Change on the meaning and consequences of 1.5 degrees Celsius of warming —have been compiled and synthesized. Now, over two days in Poland, countries' ministers will assemble to share stories in small groups about what is working and what is not and to assess where the world as a whole is on achieving the required greenhouse gas emissions reductions.

What remains to be seen is whether this process will culminate in any kind of product or statement that calls clearly for immediate, strong ramping up of climate change promises across the world.

With the clock ticking, will countries do anything to increase their ambition at this meeting?

If negotiating the Paris rule book sounds disappointingly technical, well, you’re not the only one feeling that way. Pressure is mounting for countries to accomplish something more than that in Poland — to at minimum give a strong signal that they understand that the science is looking worse and worse, and the world’s progress on the global energy transition isn’t matching that outlook.

“The bigger issue is how we’re going to get to an outcome on greater ambition,” said Lou Leonard, senior vice president for climate and energy at the World Wildlife Fund, who is in Poland observing the talks. “And I think the first week was not kind on moving that part of the agenda forward.”

Most countries are not likely to make new emissions-cutting promises this week. But there are two ways that the meeting could give a strong statement that countries should — or will — come up with new promises at least by 2020. That’s when extremely dramatic emissions cuts would have to start, including progress toward net-zero electricity by mid-century, according to the recent report on 1.5 degrees Celsius of warming.

The first is the aforementioned “Talanoa dialogue” (see above). It’s possible that the outcome of the dialogue could be a statement acknowledging that the world isn’t nearly far enough along and calling for much stronger steps.

There will also be a decision text released for the meeting as a whole, which could potentially send a signal. Leonard said he hopes that would include details for the next steps that will put the world on a better course.

“We have to create milestones, and the politics around it that will pressure countries to do something that quite frankly they don’t want to do,” he said. “It’s not going to be easy. That’s why we need a process that will help make it happen. And make the most of the IPCC report that was designed to come out right now so it could do this for us. That’s why we have it, and it needs to serve that role.”

The United States says it will withdraw from the agreement, so what role is it playing in Poland?

Despite President Trump’s pledge to withdraw, the United States remains in the Paris agreement (for now) and has sent a delegation of 44 people to Poland, largely from the State Department but also from the Environmental Protection Agency, Energy Department and even the White House, while domestically a historic U.S. climate law has recently passed to accelerate clean energy. Many of these career government officials remain deeply engaged in hashing out details of the agreement.

Still, the country as a whole is being cast in an antagonistic role in the talks.

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Twin States Clean Energy Link connects New England to Hydro-Quebec via a 1,200 MW transmission line, DOE-backed capacity, underground segments, existing corridors, boosting renewable energy reliability across Vermont and New Hampshire with cross-border grid flexibility.

Key Points

DOE-backed 1,200 MW line linking Hydro-Quebec to New England, adding clean capacity with underground routes.

✅ 1,200 MW cross-border capacity for the New England grid

✅ Uses existing corridors; underground in VT and northern NH

✅ DOE capacity contract lowers risk and spurs investment

A proposal to build a new transmission line to connect New England with Canadian hydropower is one step closer to reality.

The U.S. Department of Energy announced Monday that it has selected the Twin States Clean Energy Link as one of three transmission projects that will be part of its $1.3 billion cross-border transmission initiative to add capacity to the grid.

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Twin States is a proposal from National Grid, a utility company that serves Massachusetts, New York, and Rhode Island, and also owns transmission in England and Wales as the region advances projects like the Scotland-to-England subsea link that expand renewable flows, and the non-profit Citizens Energy Corporation.

The transmission line would connect New England with power from Hydro-Quebec, moving into the United States from Canada in Northern Vermont and crossing into New Hampshire near Dalton. It would run through parts of Grafton, Merrimack, and Hillsborough counties, routing through a substation in Dunbarton and ending at a proposed new substation in Londonderry. (Here's a map of the Twin States proposal.)

The federal funding will allow the U.S. Department of Energy to purchase capacity on the planned transmission line, which officials say reduces the risk for other investors and can help encourage others to purchase capacity.

The project has gotten support from local officials in Vermont and New Hampshire, but there are still hurdles to cross. The contract negotiation process is beginning, National Grid said, and the proposal still needs approvals from regulators before construction could begin.

First Nations communities in Canada have opposed transmission lines connecting Hydro-Quebec with New England in the past, and the company has faced scrutiny from environmental groups.

What would Twin States look like?
Transmission projects, like the failed Northern Pass proposal, have been controversial in New England, though the Great Northern Transmission Line progressed in Minnesota.

But Reihaneh Irani-Famili, vice president of capital delivery, project management and construction at National Grid, said this one is different because the developers listened to community concerns before planning the project.

“They did not want new corridors of infrastructure, so we made sure that we're using existing right of way,” she said. “They did not want the visual impact and some of the newer corridors of infrastructure, we're making sure we're undergrounding portions of the line.”

In Vermont and northern New Hampshire, the transmission lines would be buried underground along state roads. South of Littleton, they would be located within existing transmission corridors.

The developers say the lines could provide 1,200 megawatts of transmission capacity. The project would have the ability to carry electricity from hydro facilities in Quebec to New England, and would also be able to bring electricity from New England into Quebec, a step toward broader macrogrid connectivity across regions.

“Those hydro dams become giant green batteries for the region, and they hold that water until we need the electrons,” Irani-Famili said. “So if you think about our energy system not as one that sees borders, but one that sees resources, this is connecting the Quebec resources to the New England resources and helping all of us get into that cleaner energy future with a lot less build than we otherwise would have.”

Irani-Famili says the transmission line could help facilitate more clean energy resources like offshore wind coming online. In a report released last week by New Hampshire’s Department of Energy, authors said importing Canadian hydropower could be one of the most cost-effective ways to move away from fossil fuels on the electric grid.

National Grid estimates the project will help save energy customers $8.3 billion in its first 12 years. The developers are constructing a $260 million “community benefits plan” that would take some profits from the transmission line and give that money back to communities that host the transmission lines and environmental justice communities in New England.

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Europe's Nuclear Energy Policy shapes responses to the energy crisis, soaring gas prices, EU taxonomy rules, net-zero goals, renewables integration, baseload security, SMRs, and Russia-Ukraine geopolitics, exposing cultural, financial, and environmental divides.

Key Points

A policy guiding nuclear exits or expansion to balance energy security, net-zero goals, costs, and EU taxonomy.

✅ Divergent national stances: phase-outs vs. new builds

✅ Costs, delays, and waste challenge large reactors

✅ SMRs, renewables, and gas shape net-zero pathways

As the Fukushima disaster unfolded in Japan in 2011, then-German Chancellor Angela Merkel made a dramatic decision that delighted her country’s anti-nuclear movement: all reactors would be ditched.

What couldn’t have been predicted was that Europe would find itself mired in one of the worst energy crises in its history. A decade later, the continent’s biggest economy has shut down almost all its capacity already. The rest will be switched off at the end of 2022 — at the worst possible time.

Wholesale power prices are more than four times what they were at the start of the coronavirus pandemic. Governments are having to take emergency action to support domestic and industrial consumers faced with crippling bills, which could rise higher if the tension over Ukraine escalates. The crunch has not only exposed Europe’s supply vulnerabilities, but also the entrenched cultural and political divisions over the nuclear industry and a failure to forge a collective vision. 

Other regions meanwhile are cracking on, challenging the idea that nuclear power is in decline worldwide. China is moving fast on nuclear to try to clean up its air quality. Its suite of reactors is on track to surpass that of the U.S., the world’s largest, by as soon as the middle of this decade. Russia is moving forward with new stations at home and has more than 20 reactors confirmed or planned for export construction, according to the World Nuclear Association.

“I don’t think we’re ever going to see consensus across Europe with regards to the continued running of existing assets, let alone the construction of new ones,” said Peter Osbaldstone, research director for power and renewables at Wood Mackenzie Group Ltd. in the U.K. “It’s such a massive polarizer of opinions that national energy policy is required in strength over a sustained period to support new nuclear investment.” 

France, Europe’s most prolific nuclear energy producer, is promising an atomic renaissance as its output becomes less reliable. Britain plans to replace aging plants in the quest for cleaner, more reliable energy sources. The Netherlands wants to add more capacity, Poland also is seeking to join the nuclear club, and Finland is starting to produce electricity later this month from its first new plant in four decades. 

Belgium and Spain, meanwhile, are following Germany’s lead in abandoning nuclear, albeit on different timeframes. Austria rejected it in a referendum in 1978.

Nuclear power is seen by its proponents as vital to reaching net-zero targets worldwide. Once built, reactors supply low-carbon electricity all the time, unlike intermittent wind or solar.

Plants, though, take a decade or more to construct at best and the risk is high of running over time and over budget. Finland’s new Olkiluoto-3 unit is coming on line after a 12-year delay and billions of euros in financial overruns. 

Then there’s the waste, which stays hazardous for 100,000 years. For those reasons European Union members are still quarreling over whether nuclear even counts as sustainable.

Electorates are also split. Polling by YouGov Plc published in December found that Danes, Germans and Italians were far more nuclear-skeptic than the French, British or Spanish. 

“It comes down to politics,” said Vince Zabielski, partner at New York-based law firm Pillsbury Winthrop Shaw Pittman LLP, who was a nuclear engineer for 15 years. “Everything political ebbs and flows, but when the lights start going off people have a completely different perspective.”

What’s Behind Europe’s Skyrocketing Energy Prices

Indeed, there’s a risk of rolling blackouts this winter. Supply concerns plaguing Europe have sent gas and electricity prices to record levels and inflation has ballooned. There’s also mounting tension with Russia over a possible invasion of Ukraine, which could lead to disrupted supplies of gas. All this is strengthening the argument that Europe needs to reduce its dependence on international sources of gas.

Europe will need to invest 500 billion euros ($568 billion) in nuclear over the next 30 years to meet growing demand for electricity and achieve its carbon reduction targets, according to Thierry Breton, the EU’s internal market commissioner. His comments come after the bloc unveiled plans last month to allow certain natural gas and nuclear energy projects to be classified as sustainable investments. 

“Nuclear power is a very long-term investment and investors need some kind of guarantee that it will generate a payoff,” said Elina Brutschin at the International Institute for Applied Systems Analysis. In order to survive in liberalized economies like the EU, the technology needs policy support to help protect investors, she said.

That already looks like a tall order. The European Commission has been told by a key expert group that the labeling risks raising greenhouse gas emissions and undermining the bloc’s reputation as a bastion for environmentally friendly finance.

Austria has threatened to sue the European Commission over attempts to label atomic energy as green. The nation previously attempted a legal challenge, when the U.K. was still an EU member, to stop the construction of Electricite de France SA’s Hinkley Point C plant, in the west of England. It has also commenced litigation against new Russia-backed projects in neighboring Hungary.

Germany, which has missed its carbon emissions targets for the past two years, has been criticized by some environmentalists and climate scientists for shutting down a supply of clean power at the worst time, despite arguments for a nuclear option for climate policy. Its final three reactors will be halted this year. Yet that was never going to be reversed with the Greens part of the new coalition government. 

The contribution of renewables in Germany has almost tripled since the year before Fukushima, and was 42% of supply last year. That’s a drop from 46% from the year before and means the country’s new government will have to install some 3 gigawatts of renewables — equivalent to the generating capacity of three nuclear reactors — every year this decade to hit the country's 80% goal.

“Other countries don’t have this strong political background that goes back to three decades of anti-nuclear protests,” said Manuel Koehler, managing director of Aurora Energy Research Ltd., a company analyzing power markets and founded by Oxford University academics. 

At the heart of the issue is that countries with a history of nuclear weapons will be more likely to use the fuel for power generation. They will also have built an industry and jobs in civil engineering around that.

Germany’s Greens grew out of anti-nuclear protest movements against the stationing of U.S. nuclear missiles in West Germany. The 1986 Chernobyl meltdown, which sent plumes of radioactive fallout wafting over parts of western Europe, helped galvanize the broader population. Nuclear phase-out plans were originally laid out in 2002, but were put on hold by the country's conservative governments. The 2011 Fukushima meltdowns reinvigorated public debate, ultimately prompting Merkel to implement them.

It’s not easy to undo that commitment, said Mark Hibbs, a Bonn, Germany-based nuclear analyst at Carnegie Endowment for International Peace, or to envision any resurgence of nuclear in Germany soon: “These are strategic decisions, that have been taken long in advance.”

In France, President Emmanuel Macron is about to embark on a renewed embrace of nuclear power, even as a Franco-German nuclear dispute complicates the debate. The nation produces about two-thirds of its power from reactors and is the biggest exporter of electricity in Europe. Notably, that includes anti-nuclear Germany and Austria.

EDF, the world’s biggest nuclear plant operator, is urging the French government to support construction of six new large-scale reactors at an estimated cost of about 50 billion euros. The first of them would start generating in 2035.

But even France has faced setbacks. Development of new projects has been put on hold after years of technical issues at the Flamanville-3 project in Normandy. The plant is now scheduled to be completed next year. 

In the U.K., Business Secretary Kwasi Kwarteng said that the global gas price crisis underscores the need for more home-generated clean power. By 2024, five of Britain’s eight plants will be shuttered because they are too old. Hinkley Point C is due to be finished in 2026 and the government will make a final decision on another station before an election due in 2024. 

One solution is to build small modular reactors, or SMRs, which are quicker to construct and cheaper. The U.S. is at the forefront of efforts to design smaller nuclear systems with plans also underway in the U.K. and France. Yet they too have faced delays. SMR designs have existed for decades though face the same challenging economic metrics and safety and security regulations of big plants.

The trouble, as ever, is time. “Any investment decisions you make now aren’t going to come to fruition until the 2030s,” said Osbaldstone, the research director at Wood Mackenzie. “Nuclear isn’t an answer to the current energy crisis.”

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PG&E Public Safety Power Shutoff reduces wildfire risk during extreme winds, triggering de-energization across the North Bay and Sierra Foothills under red flag warnings, with safety inspections and staged restoration to improve grid resilience.

Key Points

A utility protocol to de-energize lines during extreme fire weather, reducing ignition risks and improving grid safety.

✅ Triggered by red flag warnings, humidity, wind, terrain

✅ Temporary de-energization of transmission and distribution lines

✅ Inspections precede phased restoration to minimize wildfire risk

PG&E purposefully shut off electricity to nearly 60,000 Northern California customers Sunday night, aiming to mitigate wildfire risks from power lines during extreme winds.

Pacific Gas and Electric planned to restore power to 70 percent of affected customers in the North Bay and Sierra Foothills late Monday night. As crews inspect lines for safety by helicopter, vehicles and on foot, the remainder will have power sometime Tuesday.

While it was the first time the company shut off power for public safety, PG&E announced its criteria and procedures for such an event in June, said spokesperson Paul Doherty. After wildfires devastated Northern California's wine country last October, he added, PG&E developed its community wildfire safety program division to make power grids and communities more resilient, and prepares for winter storm season through enhanced local response. 

Two sagging PG&E power lines caused one of those wildfires during heavy winds, killing four people and injuring a firefighter, the California Department of Forestry and Fire Protection determined earlier this month. Trees or tree branches hitting PG&E power lines started another four wildfires in October 2017. Altogether, the power company has been blamed for igniting 13 wildfires last year.

"We're adapting our electric system our operating practices to improve safety and reliability," Doherty said of the safety program. "That's really the bottom line for us."

Turning off power to so many customers was a "last resort given the extreme fire danger conditions these communities are experiencing," Pat Hogan, senior vice president of electric operations, said in a statement. Conditions that led the company to shut off power included the National Weather Service's red flag fire warnings, humidity levels, sustained winds, temperature, dry fuel and local terrain, Doherty said, amid possible rolling blackouts during grid strain.

The company de-energized more than 78 miles of transmission lines and more than 2,150 miles of distribution power lines Sunday night. Many schools in the area were closed Monday because of the planned power outage, highlighting unequal access to electricity across communities.

Late Saturday and early Sunday, PG&E warned 97,000 customers in 12 counties that the shut off might go into effect. Through automated calls, texts and emails, the company encouraged customers to have drinking water, canned food, flashlights, prescriptions and baby supplies on hand.

Power was also turned off in Southern California on Monday.

San Diego Gas & Electric turned off service to about 360 customers near Cleveland National Forest, where multiple fires have scorched large swaths of land in recent years.

SDG&E has pre-emptively shut off power to customers in the past, most recently in December when 14,000 customers went without power.

Southern California Edison, the primary electric provider across Southern California — including Los Angeles — has a similar power shutoff program. As of Monday night, SCE had yet to turn off power in any of its service areas, a spokesperson told USA TODAY.

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Greengen Misfeasance Ruling details a B.C. Supreme Court decision awarding $10.125 million over wrongfully denied Crown land and water licence permits for a Fries Creek run-of-river hydro project under a BC Hydro contract.

Key Points

A B.C. Supreme Court ruling awarding $10.125M for wrongful denial of Crown land and water licences on Greengen's project.

✅ $10.125M damages for misfeasance in public office

✅ Denial of Crown land tenure and water licence permits

✅ Tied to Fries Creek run-of-river and BC Hydro EPA

A B.C. Supreme Court judge has ordered the provincial government to pay $10.125 million after it denied permits to a company that wanted to build a run-of-the river independent power project near Squamish.

In his Oct. 10 decision, Justice Kevin Loo said the plaintiff, Greengen Holdings Ltd., “lost an opportunity to achieve a completed and profitable hydro-electric project” after government representatives wrongfully exercised their legal authority, a transgression described in the ruling as “misfeasance,” with separate concerns reflected in an Ontario market gaming investigation reported elsewhere.

Between 2003 and 2009, the company sought to develop a hydro-electric project on and around Fries Creek, which sits opposite the Brackendale neighbourhood on the other side of the Squamish River. To do so, Greengen Holdings Ltd. required a water licence from the Minister of the Environment and tenure over Crown land from the Minister of Agriculture.

After a lengthy process involving extensive communications between Greengen and various provincial and other ministries and regulatory agencies, the permits were denied, according to Loo. Both decisions cited impacts on Squamish Nation cultural sites that could not be mitigated.

Elsewhere, an Indigenous-owned project in James Bay proceeded despite repeated denials, underscoring varied approaches to community participation.

40-year electricity plan relied on Crown land
The case dates back to December 2005, when BC Hydro issued an open call for power with Greengen. The company submitted a tender several months later.

On July 26, 2006, BC Hydro awarded Greengen an energy purchase agreement, amid evolving LNG electricity demand across the province, under which Greengen would be entitled to supply electricity at a fixed price for 40 years.

Unlike conventional hydroelectric projects, such as new BC generating stations recently commissioned, which store large volumes of water in reservoirs, and in so doing flood large tracts of land, a run of the river project often requires little or no water storage. Instead, from a high elevation, they divert water from a stream or river channel.

Water is then sent into a pressured pipeline known as a penstock, and later passed through turbines to generate electricity, Loo explained, as utilities pursue long-term plans like the Hydro-Québec strategy to reduce fossil fuel reliance. The system returns water to the original stream or river, or into another body of water. 

The project called for most of that infrastructure to be built on Crown land, according to the ruling.

All sides seemed to support the project
In early 2005, company principle Terry Sonderhoff discussed the Fries Creek project in a preliminary meeting with Squamish Nation Chief Ian Campbell.

“Mr. Sonderhoff testified that Chief Campbell seemed supportive of the project at the time,” Loo said.

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Trump NEPA Overhaul streamlines environmental reviews, tightening 'reasonably foreseeable' effects, curbing cumulative impacts, codifying CEQ greenhouse gas guidance, expediting permits for pipelines, highways, and wind projects with two-year EIS limits and one lead agency.

Key Points

Trump NEPA Overhaul streamlines reviews, trims cumulative impacts, keeps GHG analysis for foreseeable effects.

✅ Limits cumulative and indirect impacts; emphasizes foreseeable effects

✅ Caps EIS at two years; one-year environmental assessments

✅ One lead agency; narrower NEPA triggers for low federal funding

President Trump has announced plans for overhauling rules surrounding the nation’s bedrock environmental law, and administration officials refuted claims they were downplaying greenhouse gas emissions, as the administration also pursues replacement power plant rules in related areas.

The president, during remarks at the White House with supporters and Cabinet officials, said he wanted to fix the nation’s “regulatory nightmare” through new guidelines for implementing the National Environmental Policy Act.

“America is a nation of builders,” he said. But it takes too long to get a permit, and that’s “big government at its absolute worst.”

The president said, “We’re maintaining America’s world-class standards of environmental protection.” He added, “We’re going to have very strong regulation, but it’s going to go very quickly.”

NEPA says the federal government must consider alternatives to major projects like oil pipelines, highways and bridges that could inflict environmental harm. The law also gives communities input.

The Council on Environmental Quality has not updated the implementing rules in decades, and both energy companies and environmentalists want them reworked, even as some industry groups warned against rushing electricity pricing changes under related policy debates.

But they patently disagree on how to change the rules.

A central fight surrounds whether the government considers climate change concerns when analyzing a project.

Environmentalists want agencies to look more at “cumulative” or “indirect” impacts of projects. The Trump plan shuts the door on that.

“Analysis of cumulative effects is not required,” the plan states, adding that CEQ “proposes to make amendments to simplify the definition of effects by consolidating the definition into a single paragraph.”

CEQ Chairwoman Mary Neumayr told reporters during a conference call that definitions in the current rules were the “subject of confusion.”

The proposed changes, she said, do in fact eliminate the terms “cumulative” and “indirect,” in favor of more simplified language.

Effects must be “reasonably foreseeable” and require a “reasonably close causal relationship” to the proposed action, she added. “It does not exclude considerations of greenhouse gas emissions,” she said, pointing to parallel EPA proposals for new pollution limits on coal and gas power plants as context.

Last summer, CEQ issued proposed guidance on greenhouse gas reviews in project permitting. The nonbinding document gave agencies broad authority when considering emissions (Greenwire, June 21, 2019).

Environmentalists scoffed and said the proposed guidance failed to incorporate the latest climate science and look at how projects could be more resilient in the face of severe weather and sea-level rise.

The proposed NEPA rules released today include provisions to codify the proposed guidance, which has also been years in the making.

Other provisions

Senior administration officials sought to downplay the effect of the proposed NEPA rules by noting the underlying statute will remain the same.

“If it required NEPA yesterday, it will require NEPA under the new proposal,” an official said when asked how the changes might apply to pipelines like Keystone XL.

And yet the proposed changes could alter the “threshold consideration” that triggers NEPA review. The proposal would exclude projects with minimal federal funding or “participation.”

The Trump plan also proposes restricting an environmental impact statement to two years and an environmental assessment to one.

Neumayr said the average EIS takes 4 ½ years and in some cases longer. Democrats have disputed those timelines. Further, just 1% of all federal actions require an EIS, they argue.

The proposal would also require one agency to take the lead on permitting and require agency officials to “timely resolve disputes that may result in delays.”

In general, the plan calls for environmental documents to be “concise” and “serve their purpose of informing decision makers.”

Both Interior Secretary David Bernhardt and EPA Administrator Andrew Wheeler, whose agency moved to rewrite coal power plant wastewater limits in separate actions, were at the White House for the announcement.

Reaction

An onslaught of critics have said changes to NEPA rules could be the administration’s most far-reaching environmental rollback, and state attorneys general have mounted a legal challenge to related energy actions as well.

The League of Conservation Voters declared the administration was again trying to “sell out the health and well-being of our children and families to corporate polluters.”

On Capitol Hill, House Speaker Nancy Pelosi (D-Calif.) said during a news conference the administration would “no longer enforce NEPA.”

“This means more polluters will be right there, next to the water supply of our children,” she said. “That’s a public health issue. Their denial of climate, they are going to not use the climate issue as anything to do with environmental decisionmaking.”

Sen. Sheldon Whitehouse (D-R.I.) echoed the sentiment, saying he didn’t need any more proof that the fossil fuel industry had hardwired the Trump administration “but we got it anyway.”

Energy companies, including firms focused on renewable energy development, are welcoming the “clarity” of the proposed NEPA rules, even as debates continue over a clean electricity standard in federal climate policy.

“The lack of clarity in the existing NEPA regulations has led courts to fill the gaps, spurring costly litigation across the sector, and has led to unclear expectations, which has caused significant and unnecessary delays for infrastructure projects across the country,” the Interstate Natural Gas Association of America said in a statement.

Last night, the American Wind Energy Association said NEPA rules have caused “unreasonable and unnecessary costs and long project delays” for land-based and offshore wind energy and transmission development.

Trump has famously attacked the wind energy industry for decades, dating back to his opposition to a Scottish wind turbine near his golf course.

The president today said he won’t stop until “gleaming new infrastructure has made America the envy of the world again.”

When asked whether he thought climate change was a “hoax,” as he once tweeted, he said no. “Nothing’s a hoax about that,” he said.

The president said there’s a book about climate he’s planning to read. He said, “It’s a very serious subject.”

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