National Environmental Policy Act

Protect Our Nation’s Bedrock, Bipartisan Environmental Laws

The Clean Water Act, the Clean Air Act, and the National Environmental Policy Act (NEPA) are under attack. These laws have been used to protect Americans for over 50 years, and it is time to make it clear to Congress that we will not stand by as they are dismantled. This summer, a “pay to pollute” permitting process (H.R. 1) — which undermines NEPA by fast-tracking the permit process for applicants who pay a fee — was passed by Congress and signed into law by President Trump. This move may make it easier for the fossil fuel industry to skirt meaningful participation from the community.

Testifying on how a project will impact the public’s health and safety is a core democratic right. This protection ensures thoughtful decision-making, community education, and can identify projects that present an unacceptable risk like the Danskammer Generating Station, an old power plant in Newburgh, NY that was proposed to be replaced with a full-time fracked gas plant — a project that was ultimately rejected due to the permitting process that allowed for community impact reviews and public input.

The people of New York have demonstrated time and again that they are invested in meeting the climate crisis by phasing out fossil fuels. Delays in the transition to renewable, clean energy do not align with the state Climate Law — the Climate Leadership and Community Protection Act (CLCPA) — which ensures that state decisions must not increase greenhouse gas emissions and related co-pollutants. New York policies have created an energy economy that is supporting more than 175,000 jobs in the clean energy sector. Hastening construction of more pipelines does not square with New York’s Climate Law or support the burgeoning clean energy economy.

New York Needs NEPA

Permitting “Deform” Cuts the Public Out

Efforts to gut environmental laws are often called “permitting reform,” because the goal is to make it easier for projects to receive permits from the federal government — even if they would otherwise be found to be destructive. This will mean continued dependence on fossil fuels and increased pollution in our communities, making it nearly impossible for New York to realize the dual environmental and economic goals of the CLCPA.

NEPA is a procedure that exists to determine the potential environmental impacts of project proposals. The length of time that Environmental Assessments or Environmental Impact Statements require is not arbitrary — speeding through that process will mean less time to engage the public, collect testimony, and ensure thoughtful decision making. Capping the time allowed for the process as a whole will necessarily shorten the window of time for public comment. Quality community engagement will be much more difficult if there is not adequate time for people to be made aware of the opportunity in the first place, let alone the time it takes to learn the details of a proposed project and organize a response.

Testifying in a public forum on how these projects will impact health and safety is a core democratic right. Dangerous projects like the Danskammer power plant have been rejected because New Yorkers were able to advocate for themselves during that process due to NEPA.

We Cannot Afford to Move Backwards

New fossil fuel projects will make New Yorkers sick and cut lives short, increasing healthcare costs amidst an ever-growing cost of living crisis. This is the last thing that New York families need at a time when the congressional majority and the White House have made devastating cuts to Medicare and Medicaid. Additionally, New York’s Climate Plan found that the cost of inaction (continued reliance on and expanded use of fossil fuels) would cost New Yorkers $115 billion more than the cost of transitioning off of fossil fuels entirely.

We do not have a permitting problem or energy shortage problem — we have a political chaos problem that only benefits entrenched fossil fuel interests and their allies in Congress. New York State cannot sacrifice the ability to safeguard our air, land, and water and allow Congress and the federal administration to steamroll our standards and greenlight harmful projects.

Take Action

Please take a minute to call your congressional representatives, including New York’s U.S. Senators, and tell them to protect your right to clean air and water and a healthful environment as outlined in the New York State Constitution, and to reject attempts to stymie public participation in decisions that impact our air and water. 

*Use NYPIRG’s Representative Finder to find your federal representatives and get their contact information.

Sample message:

Hello, my name is [YOUR NAME], and I am a resident of [YOUR MUNICIPALITY], NY. I am calling on you to protect my right to “clean air and water and a healthful environment” as outlined in the New York State Constitution, and to reject attempts to curb public participation in decisions that impact our air and water. This means standing up to defend the National Environmental Policy Act, the Clean Air Act, and Clean Water Act from federal attacks and “permitting reform.” Thank you.

Thank you for your help!

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