President Calls on Agencies to Waive Environmental Reviews During Pandemic

On June 4, 2020, President Trump signed an Executive Order "on Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities." The Executive Order seeks to use "emergency authorities" to waive key aspects of the National Environmental Policy Act (NEPA). The president directed agencies to identify opportunities to waive environmental reviews under NEPA for highways, fossil fuel facilities and other infrastructure projects, and to "use, to the fullest extent possible and consistent with applicable law, emergency procedures, statutory exemptions, categorical exclusions, analyses that have already been completed, and concise and focused analyses, consistent with NEPA, [the Council on Environmental Quality's] NEPA regulations, and agencies’ NEPA procedures." The Executive Order also instructs agencies to use emergency authorities under other cornerstone environmental statutes, such as the Endangered Species Act and the Clean Water Act, to expedite approvals.