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Trump Administration Seeks to Modernize Environmental Review Processes

The Trump administration has initiated efforts to enhance the technology utilized in environmental reviews and permitting processes, aiming for increased efficiency and transparency. A recent memo released on Tuesday instructs the Council on Environmental Quality (CEQ) to collaborate with the Energy Dominance Council, which is tasked with boosting domestic oil and gas production, to develop a modernization action plan.

This plan is expected to be delivered within 45 days and will outline data standards and technology requirements for federal agencies. It aims to create a cohesive interagency system for permitting and environmental review data.

To facilitate this initiative, the CEQ will establish a new interagency Permitting Innovation Center dedicated to designing and testing software prototypes, including case management systems, to support the proposed plan.

Secretary of the Interior Doug Burgum emphasized the importance of this initiative, stating, “We need to drill more, map more, mine more, and build more. The Permitting Technology Action Plan will channel our greatest asset, American innovation and technology, to overhaul our current permitting process and power our nation faster, better, cleaner, and more reliably than ever before.”

Interestingly, this initiative builds upon recommendations previously laid out during the Biden administration, where the CEQ advocated for modernizing environmental review technology under the National Environmental Policy Act (NEPA).

Ryan Hathaway, director of climate and environmental justice at Lawyers for Good Government and a NEPA expert, commented that the current memo primarily adds rhetoric and links to the newly established Energy Dominance Council. He noted ongoing efforts at the CEQ to establish data standards following the recommendations released last year.

According to two federal officials speaking on condition of anonymity, due to their lack of authorization to comment publicly, the CEQ has already made strides toward standardizing data in permitting processes. Eric Beightel, formerly the director of the Federal Permitting Council and now federal strategy lead at Environmental Science Associates, described the need for such modernization as “long overdue.” He highlighted that individual agencies have isolated systems that complicate information sharing.

One federal employee illustrated the existing challenges, stating, “Nobody has a good case management system to manage that flow of information from applicants, between people in the agency, across the agencies. It’s still tons of stuff that’s done by emailing around PDFs or Word documents.” They expressed optimism, describing the push for modernization as “an unabashedly good thing.”

However, uncertainties remain regarding the implementation of these new technologies. The memo comes in the wake of an interim final rule issued in February, which aimed to reverse all CEQ regulations concerning NEPA. This followed a court ruling last year that determined the CEQ lacked rulemaking authority.

The uncertainty lies in how to effectively develop technology while permitting regulations are in flux due to ongoing deregulation efforts by the White House. Additionally, workforce reductions across the government, including the elimination of a tech team that contributed to the CEQ’s recent technology report, pose further challenges.

Jessie Mahr, director of technology at the Environmental Policy Innovation Center, cautioned that while modernization efforts are a positive step, the necessary workforce, funding, and thoughtful community infrastructure planning are essential to the success of these initiatives. She voiced concerns about how these efforts intersect with recent rollbacks on environmental justice protections.

The recent Supreme Court decision to end Chevron deference—a longstanding legal principle that allowed agencies to interpret ambiguous laws—adds another layer of complexity, raising questions about the CEQ’s authority and influence in the current regulatory landscape. Beightel expressed skepticism regarding the CEQ’s ability to enforce compliance without established regulations or adequate resources.

As the administration moves forward with its technology modernization plans, these various challenges highlight the need for a comprehensive approach that balances innovation with regulatory integrity.

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