Controversy surrounds Department of Energy's bid to expedite clean energy approvals

On Wednesday evening, the DOE unveiled its suggested modifications to the compliance regulations associated with the National Environmental Policy Act (NEPA), a statute dating back to 1970 which mandates that federal agencies assess the environmental consequences of projects before granting approval.

Controversy surrounds Department of Energy's bid to expedite clean energy approvals
AP Photo/J. Scott Applewhite, File
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The Department of Energy (DOE) has introduced a new proposal aimed at expediting the permitting process for specific clean energy initiatives.

On Wednesday evening, the DOE unveiled its suggested modifications to the compliance regulations associated with the National Environmental Policy Act (NEPA), a statute dating back to 1970 which mandates that federal agencies assess the environmental consequences of projects before granting approval.

These proposed adjustments are designed to streamline the approval process for certain clean energy projects, enabling them to undergo the "simplest form of environmental review" as stipulated by the law, Washington Examiner reported.

Among the projects eligible for this streamlined review are energy storage systems, transmission line enhancements, and solar technology developments.

The announcement from the DOE outlined their rationale, stating:

DOE carefully considered its experience with energy storage, transmission line upgrades, and solar energy projects to propose a simpler environmental review process. Under the proposed changes, DOE would continue to look closely at each proposed project while being able to complete its environmental review responsibilities in a faster and less expensive manner.

Under the proposed changes, these projects would fall under the category of categorical exclusions as defined by NEPA. Such projects are considered exempt from an exhaustive environmental analysis, as they are deemed to have minimal environmental impact. Conversely, projects requiring environmental assessments and impact statements necessitate more extensive analysis, resulting in longer approval timelines.

In August, the DOE put forward a separate rule, aiming to streamline the federal permitting process for major transmission lines. This rule mandates that environmental evaluations and other federal approvals for electric power lines be completed within a two-year timeframe.

The issue of permitting reform has been a subject of contention between Democrats and Republicans in Congress. While Democrats have concentrated their efforts on expediting the approval process for clean energy projects, Republicans have advocated for swifter clearance of fossil fuel projects by restructuring NEPA.

Within the Democratic party, internal disagreements have arisen regarding NEPA reform. Some argue that it is crucial for hastening project approvals, while others express concerns that it may jeopardize the input from local communities affected by the additional infrastructure.

The proposed rule is currently open for public opinion and feedback until January 2, 2024.

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