The US Supreme Court ruled in May that environmental review laws have been “stretched far beyond” their original intent and transformed into tools for delaying infrastructure projects, prompting calls from energy officials for federal agencies to streamline approvals.
Dan Brouillette, who served as Energy Secretary under President Donald Trump, argued in a piece published this week that the Federal Energy Regulatory Commission should seize on the Supreme Court’s May ruling in Seven County Infrastructure Coalition v. Eagle County to expedite infrastructure approvals.
The Supreme Court decision found that the National Environmental Policy Act had been “stretched far beyond” its original intent, with Justice Brett Kavanaugh writing that the law had become a tool to delay rather than properly assess environmental impacts.
Brouillette contends that environmental groups have weaponized NEPA reviews to block energy projects across all sectors, including fossil fuels, nuclear, wind, solar and battery storage, through lengthy litigation processes.
FERC currently maintains a minimum two-year review timeline for major environmental impact statements, which adds “tens of millions of dollars” to project costs regardless of complexity, according to Brouillette’s analysis.
Trump has nominated attorney Laura Swett to chair FERC. If confirmed, Swett would have the opportunity to implement the streamlined review processes that Brouillette advocates.
Brouillette recommends FERC establish expedited approval tracks for projects with minimal environmental impacts, utilize artificial intelligence to process environmental paperwork more efficiently, and dismiss what he terms “non-substantive protests” designed primarily to cause delays.
FERC oversees the interstate transmission of electricity, natural gas and oil, and has jurisdiction over hydroelectric projects and other energy infrastructure that crosses state lines.
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