The culmination of the "Boone Pickens Bill"

By R. Emmett Tyrrell Jr., Washington Times


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We have at last reached the culmination of a process begun years ago.

A bill was introduced in Congress that can end American dependence on foreign oil. What is called the New Alternative Transportation to Give Americans Solutions Act — more simply put, the Nat Gas Act — came to Congress on April 6. It had bipartisan support. It ought to pass and pass promptly.

It could be called the Boone Pickens Bill.

The process began with the Pickens Plan for global energy security in 2008. Authored by the legendary oilman Boone Pickens, who put some $80 million of his own money into promoting it, it called for the development of all sources of energy, including wind and solar.

Boone recognized that as long as America is dependent on foreign oil, America has a national security problem. We import 70 percent of our oil, a number that can only go up unless something is done. The oil comes from unfriendly countries in the worst scenario, unstable countries in a slightly better scenario.

Canada is the best scenario, but cannot provide all the oil we need.

In the meantime, a very auspicious development has taken place. America has become the Saudi Arabia of natural gas. In fact we probably have more energy capacity in natural gas than the Saudis have in oil.

In the last few years, natural gas has been found in abundance in the United States. We have more than 2,000 trillion cubic feet of natural gas reserves, mostly in Appalachia, Arkansas, Louisiana, Oklahoma and Texas — more than twice the amount of Saudi oil, enough to last us 100 years, probably more.

Recent innovations make it cleaner to burn and cheaper to use. It is the only fuel that can replace diesel in semis and other heavy-duty vehicles. Battery power will not work on these behemoths, nor will ethanol.

The Nat Gas Act that is now pending before Congress will extend and increase tax credits for natural gas and fueling. The key clauses call for the orderly replacement of diesel-powered 18-wheeler semis and other heavy-duty vehicles with natural gas over a five- to seven-year period. It also gives tax incentives to truck stop owners to supply natural gas.

That will amount to a savings of 2.5 million barrels of oil a day. It will cut our reliance on OPEC oil by 50 percent. This is why Boone calls it "a game changer."

With our reliance on OPEC down by 50 percent, the oil producers will have to negotiate with us for the price they charge us for oil. Also, we will have a breathing spell during which to find alternative sources of energy.

It seems to me that the way to look at the Nat Gas Act is as a national security measure.

American presidents since Jimmy Carter have called for America to be energy independent. They wanted us to drill, to develop wind and solar, to expand our nuclear potential. Well, we can do all that but we have here and now the capacity to be independent.

The solution is natural gas.

Get the semis and other heavy-duty vehicles on it now. About a year ago, the price of gas at the pump was not much of a problem. Now that price has shot up with turbulence in the Middle East there are predictions of $5-a-gallon gasoline. It could have been avoided had we acted on the Nat Gas Act a couple of years ago.

The time to act is now. Our national security will be enhanced.

I have made a few calls around Washington. No one, save an environmental wacko, is against the Nat Gas Act. It is time for both Democrats and Republicans to prove that they can, acting together, get something done.

This bill has 157 co-sponsors. Pass the bill. And why not call it the Boone Pickens Bill? It is a lot easier to enunciate than the New Alternative Transportation to Give Americans Solutions Act.

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State-sponsored actors 'very likely' looking to attack electricity supply, says intelligence agency

Canada Critical Infrastructure Cyber Risks include state-sponsored actors probing the electricity grid and ICS/OT, ransomware on utilities, and espionage targeting smart cities, medical devices, and energy networks, pre-positioning for disruptive operations.

 

Key Points

Nation-state and criminal cyber risks to Canada's power, water, and OT/ICS, aiming to disrupt, steal data, or extort.

✅ State-sponsored probing of power grid and utilities

✅ OT/ICS exposure grows as systems connect to IT networks

✅ Ransomware, espionage, and pre-positioning for disruption

 

State-sponsored actors are "very likely" trying to shore up their cyber capabilities to attack Canada's critical infrastructure — such as the electricity supply, as underscored by the IEA net-zero electricity report indicating rising demand for clean power, to intimidate or to prepare for future online assaults, a new intelligence assessment warns.

"As physical infrastructure and processes continue to be connected to the internet, cyber threat activity has followed, leading to increasing risk to the functioning of machinery and the safety of Canadians," says a new national cyber threat assessment drafted by the Communications Security Establishment.

"We judge that state-sponsored actors are very likely attempting to develop the additional cyber capabilities required to disrupt the supply of electricity in Canada, even as cleaning up Canada's electricity remains critical for climate goals."

Today's report — the second from the agency's Canadian Centre for Cyber Security wing — looks at the major cyber threats to Canadians' physical safety and economic security.

The CSE does say in the report that while it's unlikely cyber threat actors would intentionally disrupt critical infrastructure — such as water and electricity supplies — to cause major damage or loss of life, they would target critical organizations "to collect information, pre-position for future activities, or as a form of intimidation."

The report said Russia-associated actors probed the networks of electricity utilities in the U.S. and Canada last year and Chinese state-sponsored cyber threat actors have targeted U.S. utility employees. Other countries have seen their industrial control systems targeted by Iranian hacking groups and North Korean malware was found in the IT networks of an Indian power plant, it said.

The threat grows as more critical infrastructure goes high-tech.

In the past, the operational technology (OT) used to control dams, boilers, electricity and pipeline operations has been largely immune to cyberattacks — but that's changing as manufacturers incorporate newer information technology in their systems and products and as the race to net-zero drives grid modernization, says the report.

That technology might make things easier and lower costs for utilities already facing debates over electricity prices in Alberta amid affordability concerns, but it comes with risks, said Scott Jones, the head of the cyber centre.

"So that means now it is a target, it is accessible and it's vulnerable. So what you could see is shutting off of transmission lines, you can see them opening circuit breakers, meaning electricity simply won't flow to our homes to our business," he told reporters Wednesday.

While the probability of such attacks remains low, Jones said the goal of Wednesday's briefing is to send out the early warnings.

"We're not trying to scare people. We're certainly not trying to scare people into going off grid by building a cabin in the woods. We're here to say, 'Let's tackle these now while they're still paper, while they're still a threat we're writing down.'"

Steve Waterhouse, a former cybersecurity officer for the Department of National Defence who now teaches at Université de Sherbrooke, said a saving grace for Canada could be the makeup of its electrical systems.

"Since in Canada, they're very centralized, it's easier to defend, and debates about bridging Alberta and B.C. electricity aim to strengthen resilience, while down in the States, they have multiple companies all around the place. So the weakest link is very hard to identify where it is, but the effect is a cascading effect across the country ... And it could impact Canada, just like we saw in the big Northeastern power outage, the blackout of 2003," he said.

"So that goes to say, we have to be prepared. And I believe most energy companies have been taking extra measures to protect and defend against these type of attacks, even as Canada points to nationwide climate success in electricity to meet emissions goals."

In the future, attacks targeting so-called smart cities and internet-connected devices, such as personal medical devices, could also put Canadians at risk, says the report. 

Earlier this year, for example, Health Canada warned the public that medical devices containing a particular Bluetooth chip — including pacemakers, blood glucose monitors and insulin pumps — are vulnerable to cyber attacks that could crash them.

The foreign signals intelligence agency also says that while state-sponsored programs in China, Russia, Iran and North Korea "almost certainly" pose the greatest state-sponsored cyber threats to Canadian individuals and organizations, many other states are rapidly developing their own cyber programs.

Waterhouse said he was glad to see the government agency call out the countries by name, representing a shift in approach in recent years.

"To tackle on and be ready to face a cyber-attack, you have to know your enemy," he said.

"You have to know what's vulnerable inside of your organization. You have to know how ... vulnerable it is against the threats that are out there."


Commercial espionage continues
State-sponsored actors will also continue their commercial espionage campaigns against Canadian businesses, academia and governments — even as calls to make Canada a post-COVID manufacturing hub grow — to steal Canadian intellectual property and proprietary information, says the CSE.

"We assess that these threat actors will almost certainly continue attempting to steal intellectual property related to combating COVID-19 to support their own domestic public health responses or to profit from its illegal reproduction by their own firms," says the "key judgments" section of the report.

"The threat of cyber espionage is almost certainly higher for Canadian organizations that operate abroad or work directly with foreign state-owned enterprises."

The CSE says such commercial espionage is happening already across multiple fields, including aviation, technology and AI, energy and biopharmaceuticals.

While state-sponsored cyber activity tends to offer the most sophisticated threats, CSE said that cybercrime continues to be the threat most likely to directly affect Canadians and Canadian organizations, through vectors like online scams and malware.

"We judge that ransomware directed against Canada will almost certainly continue to target large enterprises and critical infrastructure providers. These entities cannot tolerate sustained disruptions and are willing to pay up to millions of dollars to quickly restore their operations," says the report.


Cybercrime becoming more sophisticated 
According to the Canadian Anti-Fraud Centre, Canadians lost over $43 million to cybercrime last year. The CSE reported earlier this year that online thieves have been using the COVID-19 pandemic to trick Canadians into forking over their money — through scams like a phishing campaign that claimed to offer access to a Canada Emergency Response Benefit payment in exchange for the target's personal financial details.

Online foreign influence activities — a dominant theme in the CSE's last threat assessment briefing — continue and constitute "a new normal" in international affairs as adversaries seek to influence domestic and international political events, says the agency.

"We assess that, relative to some other countries, Canadians are lower-priority targets for online foreign influence activity," it said.

"However, Canada's media ecosystem is closely intertwined with that of the United States and other allies, which means that when their populations are targeted, Canadians become exposed to online influence as a type of collateral damage."

According to the agency's own definition, "almost certainly" means it is nearly 100 per cent certain in its analysis, while "very likely" means it is 80-90 per cent certain of its conclusions. The CSE says its analysis is based off of a mix of confidential and non-confidential intelligence and sources. 

 

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IAEA Reviews Belarus’ Nuclear Power Infrastructure Development

Belarus Nuclear Power Infrastructure Review evaluates IAEA INIR Phase 3 readiness at Ostrovets NPP, VVER-1200 reactors, legal and regulatory framework, commissioning, safety, emergency preparedness, and energy diversification in a low-carbon program.

 

Key Points

An IAEA INIR Phase 3 assessment of Belarus readiness to commission and operate the Ostrovets NPP with VVER-1200 units.

✅ Reviews legal, regulatory, and institutional arrangements

✅ Confirms Phase 3 readiness for safe commissioning and operation

✅ Highlights good practices in peer reviews and emergency planning

 

An International Atomic Energy Agency (IAEA) team of experts today concluded a 12-day mission to Belarus to review its infrastructure development for a nuclear power programme. The Integrated Nuclear Infrastructure Review (INIR) was carried out at the invitation of the Government of Belarus.

Belarus, seeking to diversify its energy production with a reliable low-carbon source, and aware of the benefits of energy storage for grid flexibility, is building its first nuclear power plant (NPP) at the Ostrovets site, about 130 km north-west of the capital Minsk. The country has engaged with the Russian Federation to construct and commission two VVER-1200 pressurised water reactors at this site and expects the first unit to be connected to the grid this year.

The INIR mission reviewed the status of nuclear infrastructure development using the Phase 3 conditions of the IAEA’s Milestones Approach. The Ministry of Energy of Belarus hosted the mission.

The INIR team said Belarus is close to completing the required nuclear power infrastructure for starting the operation of its first NPP. The team made recommendations and suggestions aimed at assisting Belarus in making further progress in its readiness to commission and operate it, including planning for integration with variable renewables, as advances in new wind turbines are being deployed elsewhere to strengthen the overall energy mix.

“This mission marks an important step for Belarus in its preparations for the introduction of nuclear power,” said team leader Milko Kovachev, Head of the IAEA’s Nuclear Infrastructure Development Section. “We met well-prepared, motivated and competent professionals ready to openly discuss all infrastructure issues. The team saw a clear drive to meet the objectives of the programme and deliver benefits to the Belarusian people, such as supporting the country’s economic development, including growth in EV battery manufacturing sectors.”

The team comprised one expert from Algeria and two experts from the United Kingdom, as well as seven IAEA staff. It reviewed the status of 19 nuclear infrastructure issues using the IAEA evaluation methodology for Phase 3 of the Milestones Approach, noting that regional integration via an electricity highway can shape planning assumptions as well. It was the second INIR mission to Belarus, who hosted a mission covering Phases 1 and 2 in 2012.

Prior to the latest mission, Belarus prepared a Self-Evaluation Report covering all infrastructure issues and submitted the report and supporting documents to the IAEA.

The team highlighted areas where further actions would benefit Belarus, including the need to improve institutional arrangements and the legal and regulatory framework, drawing on international examples of streamlined licensing for advanced reactors to ensure a stable and predictable environment for the programme; and to finalize the remaining arrangements needed for sustainable operation of the nuclear power plant.

The team also identified good practices that would benefit other countries developing nuclear power in the areas of programme and project coordination, the use of independent peer reviews, cooperation with regulators from other countries, engagement with international stakeholders and emergency preparedness, and awareness of regional initiatives such as new electricity interconnectors that can enhance system resilience.

Mikhail Chudakov, IAEA Deputy Director General and Head of the Department of Nuclear Energy attended the Mission’s closing meeting. “Developing the infrastructure required for a nuclear power programme requires significant financial and human resources, and long lead times for preparation and the approval of major transmission projects that support clean power flows, and the construction activities,” he said. “Belarus has made commendable progress since the decision to launch a nuclear power programme 10 years ago.”

“Hosting the INIR mission, Belarus demonstrated its transparency and genuine interest to receive an objective professional assessment of the readiness of its nuclear power infrastructure for the commissioning of the country’s first nuclear power plant,” said Mikhail Mikhadyuk, Deputy Minister of Energy of the Republic of Belarus. ”The recommendations and suggestions we received will be an important guidance for our continuous efforts aimed at ensuring the highest level of safety and reliability of the Belarusian NPP."
 

 

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Top Senate Democrat calls for permanent renewable energy, storage, EV tax credits

Clean Energy Tax Incentives could expand under Democratic proposals, including ITC, PTC, and EV tax credits, boosting renewable energy, energy storage, and grid modernization within a broader infrastructure package influenced by Green New Deal goals.

 

Key Points

Federal incentives like ITC, PTC, and EV credits that cut costs and speed renewables, storage, and grid upgrades.

✅ Proposes permanence for ITC, PTC, and EV tax credits

✅ Could accelerate solar, wind, storage, and grid upgrades

✅ Passage depends on bipartisan infrastructure compromise

 

The 115th U.S. Congress has not even adjourned for the winter, and already a newly resurgent Democratic Party is making demands that reflect its majority status in the U.S. House come January.

Climate appears to be near the top of the list. Last Thursday, Senator Chuck Schumer (D-NY), the Democratic Leader in the Senate, sent a letter to President Trump demanding that any infrastructure package taken up in 2019 include “policies and funding to transition to a clean energy economy and mitigate the risks that the United States is already facing due to climate change.”

And in a list of policies that Schumer says should be included, the top item is “permanent tax incentives for domestic production of clean electricity and storage, energy efficient homes and commercial buildings, electric vehicles, and modernizing the electric grid.”

In concrete terms, this could mean an extension of the Investment Tax Credit (ITC) for solar and energy storage, the Production Tax Credit (PTC) for wind and the federal electric vehicle (EV) tax credit program as well.

 

Pressure from the Left

This strong statement on climate change, clean energy and infrastructure investment comes as at least 30 incoming members of the U.S. House of Representatives have signed onto a call for the creation of a committee to explore a “Green New Deal” and to move the nation to 100% renewable energy by 2030.*

It also comes as Schumer has come under fire by activists for rumors that he plans to replace Senator Maria Cantwell (D-Washington) with coal state Democrat Joe Manchin (D-West Virginia) as the top Democrat on the Senate Energy and Natural Resources Committee.

As such, one possible way to read these moves is that centrist leaders like Schumer are responding to pressure from an energized and newly elected Left wing of the Democratic Party. It is notable that Schumer’s program includes many of the aims of the Green New Deal, while avoiding any explicit use of that phrase.

 

Implications of a potential ITC extension

The details of levels and timelines are important here, particularly for the ITC.

The ITC was set to expire at the end of 2016, but was extended in legislative horse-trading at the end of 2015 to a schedule where it remains at 30% through the end of 2019 and then steps down for the next three years, and disappears entirely for residential projects. Since that extension the IRS has issued guidance around the use of co-located energy storage, as well as setting a standard under which PV projects can claim the ITC for the year that they begin construction.

This language around construction means that projects can start work in 2019, complete in 2023 and still claim the 30% ITC, and this may be why we at pv magazine USA are seeing an unprecedented boom in project pipelines across the United States.

Of course, if the ITC were to become permanent some of those projects would be pushed out to later years. But as we saw in 2016, despite an extension of the ITC many projects were still completed before the deadline, leading to the largest volume of PV installed in the United States in any one year to date.

This means that if the ITC were extended by the end of 2020, we could see the same thing all over again – a boom in projects created by the expected sunset, and then after a slight lull a continuation of growth.

Or it is possible that a combination of raw economics, increased investor and utility interest, and accelerating renewable energy mandates will cause solar growth rates to continue every year, and that any changes in the ITC will only be a bump against a larger trend.

While the basis for expiration of the EV tax credit is the number of vehicles sold, not any year, both the battery storage and EV industries, which many see at an inflection point, could see similar effects if the ITC and EV tax credits are made permanent.

 

Will consensus be reached?

It is also unclear that any such infrastructure package will be taken up by Republicans, or that both parties will be able to come to a compromise on this issue. While the U.S. Congress passed an infrastructure bill in 2017, given the sharp and growing differences between the two parties, and divergent trade approaches such as the 100% tariff on Chinese-made EVs, it is not clear that they will be able to come to a meaningful compromise during the next two years.

 

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Tube Strikes Disrupt London Economy

London Tube Strikes Economic Impact highlights transport disruption reducing foot traffic, commuter flows, and tourism, squeezing small businesses, hospitality revenue, and citywide growth while business leaders urge negotiations, resolution, and policy responses to stabilize operations.

 

Key Points

Reduced transport options cut foot traffic and sales, straining small businesses and slowing London-wide growth.

✅ Hospitality venues report lower revenue and temporary closures

✅ Commuter and tourism declines reduce daily sales and bookings

✅ Business groups urge swift negotiations to restore services

 

London's economy is facing significant challenges due to ongoing tube strikes, challenges that are compounded by scrutiny of UK energy network profits and broader cost pressures across sectors, with businesses across the city experiencing disruptions that are impacting their operations and bottom lines.

Impact on Small Businesses

Small businesses, particularly those in the hospitality sector, are bearing the brunt of the disruptions caused by the strikes. Many establishments rely on the steady flow of commuters and tourists that the tube system facilitates, while also hoping for measures like temporary electricity bill relief that can ease operating costs during downturns. With reduced transportation options, foot traffic has dwindled, leading to decreased sales and, in some cases, temporary closures.

Economic Consequences

The strikes are not only affecting individual businesses but are also having a ripple effect on the broader economy, a dynamic seen when commercial electricity consumption plummeted in B.C. during the pandemic. The reduced activity in key sectors is contributing to a slowdown in economic growth, echoing periods when BC Hydro demand fell 10% and prompting policy responses such as Ontario electricity rate reductions for businesses, with potential long-term consequences if the disruptions continue.

Calls for Resolution

Business leaders and industry groups are urging for a swift resolution to the strikes. They emphasize the need for dialogue between the involved parties to reach an agreement that minimizes further economic damage and restores normalcy to the city's transportation system.

The ongoing tube strikes in London are causing significant disruptions to the city's economy, particularly affecting small businesses that depend on the efficient movement of people. Immediate action is needed to address the issues, drawing on tools like a subsidized hydro plan used elsewhere to spur recovery, to prevent further economic downturn.

 

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Clean energy jobs energize Pennsylvania: Clean Energy Employment Report

Pennsylvania Clean Energy Employment surges, highlighting workforce growth in energy efficiency, solar, wind, grid and storage, and alternative transportation, supporting COVID-19 recovery, high-wage jobs, manufacturing, construction, and statewide economic resilience.

 

Key Points

Jobs across clean power, efficiency, grid, storage, and advanced transport fueling Pennsylvania's workforce growth.

✅ 8.7% job growth from 2017-2019, outpacing statewide average

✅ 97,000+ employed across efficiency, solar, wind, grid, and fuels

✅ 75% earn above median; strong full-time opportunities

 

The 2020 Pennsylvania Clean Energy Employment Report has been released, and Gov. Tom Wolf is energized by it.

This "comes at an opportune time, as government and industry leaders look to strengthen Pennsylvania's workforce and economy in response to the challenges of the COVID-19 pandemic," Wolf said Monday in a prepared statement. "This detailed analysis of data and trends in clean energy employment ... demonstrates the sector was a top job generator statewide, and shows which industries were hiring and looking for trained workers."

Foremost among the findings, released Monday, is that the clean energy sector was responsible for adding 7,794 jobs from 2017 through 2019. That is an 8.7% average job growth rate, well above the 1.9% overall average in the state, according to a news release from Wolf's office.

This report lists employment data in five industries: energy efficiency; clean energy generation; alternative transportation; clean grid and storage; and clean fuels, while some cleaner states still import dirty electricity in regional markets.

The energy efficiency industry was the biggest clean energy employer in the state last year, with more than 71,400 state residents working in construction, technology and manufacturing jobs related to energy-efficient systems.

Solar energy workers comprised the largest share of the clean energy generation workforce – 35.4%, or 5,173 individuals. Solar employment increased 8.3% from 2017 to 2019, while there was a slight decline nationwide amid clean energy job losses reported in May.

Wind energy firms employed 2,937, and policy moves such as Ontario's clean electricity regulations signal broader market shifts, with more than 21% of those roles in manufacturing.

Job losses, though, were recorded in nuclear generation (minus 4.5%) and coal generation (minus 8.6%) over the two-year period, as electricity deregulation remains a point of debate in the sector. This mirrors national declines in both categories.

Federal efforts to support coal community revitalization are channeling clean energy projects to hard-hit regions.

Natural gas electric generation capacity doubled across Pennsylvania over the past decade; even as residents could face winter electricity price increases according to recent reports, employment still grew 13.4% from 2017 through 2019. But increasing output from unconventional wells has outpaced demand, sparking reductions in siting and drilling for new wells.

The Clean Energy Employment Report was released along with – and as part of – the 2020 Pennsylvania Energy Employment Report, which asserts that energy remains a large employer in the state, and new clean energy funding announcements underscore the sector's momentum. As of the last quarter of 2019, according to the larger report, energy accounted for 269,031 jobs, or 4.5% of the overall statewide workforce.

Wolf, in summary, said: "This report shows that workforce training investment decisions can benefit Pennsylvanians right now and position the state going forward to grow and improve livelihoods, the economy and our environment."

 

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Trump unveils landmark rewrite of NEPA rules

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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