CNN
A bedrock federal law designed to protect the environment and empower local communities is being weaponized to block progress on climate change, infrastructure and housing.
The battle over New York City’s landmark congestion price plan is the latest example.
After more than 50 years of efforts to implement a toll program that would slash greenhouse emissions from cars and reduce congestion in lower Manhattan, the plan cleared a milestone in May, when the federal government signed off on the release of an environmental assessment.
Then, last month, New Jersey sued to block the plan, citing the National Environmental Policy Act of 1970 (NEPA). The law requires federal agencies to give a detailed assessment of the environmental impact before approving projects that could significantly alter the environmental landscape.
New Jersey said the government’s analysis, which spanned more than 4,000 pages and included feedback from 80,000 public comments, was not comprehensive enough.
Congestion taxes have been tested in major cities around the world and proven to be successful, if initially controversial. European cities like London and Stockholm have seen a range of benefits, including a reduction in congestion, a drop in carbon dioxide pollution and lower rates of pediatric acute asthma cases.
But New Jersey said the Federal Highway Administration failed to adequately consider the impact that congestion pricing would have on diverting traffic to the state and harming its environment. Lawmakers want the government to conduct a more thorough analysis — which could take years.
Advocates of NEPA reform say it’s ironic that New York City’s congestion tax — a project intended to curb greenhouse emissions and boost mass transit — is being scuttled via a law specifically designed to improve the environment.
Unintended consequences
In the United States, conservatives have pushed to weaken environmental regulations for years. But now, more and more Democrats in Congress and left-leaning researchers are embracing the idea of streamlining the review process.
They say they want to protect the environment, but that the process needs to be modernized for the climate-change era and government isn’t acting fast enough.
Some of these critics on the left say environmental review has become a labyrinth of paperwork and litigation to stop or delay key clean energy projects, raise construction costs and create uncertainty for businesses. The Democrats’ sweeping Inflation Reduction Act contained billions of dollars in tax credits designed to turbocharge energy, especially clean energy, but there are concerns that NEPA procedures will create hurdles to build these projects.
