The Dismantling of Environmental Protections: Understanding the 2025 NEPA Changes
Within first week of the new administration, we have seen a significant rollback of environmental protections by revoking multiple executive orders, including a cornerstone of environmental policy that stood for nearly half a century. Most notably, a 1977 executive order by President Jimmy Carter was revoked that had given the Council on Environmental Quality (CEQ), a White House agency, the power to create and enforce environmental regulations across federal agencies.
This change strikes at the heart of how federal agencies must comply with the National Environmental Policy Act (NEPA), fundamentally altering decades of environmental protection standards. Let's examine what this means for our environment and future development.
The Historical Context: NEPA's Evolution
The National Environmental Policy Act (NEPA), passed in 1969, predates both the Clean Air Act and Clean Water Act, making it one of America's foundational environmental laws. While it began primarily as a statement of congressional intent for "productive and enjoyable harmony between man and his environment," the law gained its teeth through a crucial provision added by Lynton Caldwell, an adviser to Senator Scoop Jackson (D-WA).
This provision required federal agencies to consider environmental impacts of any "major action" and produce detailed statements about those impacts. Combined with the Administrative Procedure Act of 1946, this created a powerful tool for environmental protection by allowing affected parties to challenge federal agencies in court.
The 1977 Carter Order: What Was Lost
President Carter's 1977 executive order established a crucial framework by empowering the Council on Environmental Quality (CEQ) to:
Issue binding regulations governing how federal agencies comply with NEPA
Set clear standards for environmental review processes
Create uniformity in how different agencies approach environmental assessment
The 2025 Executive Order: Immediate Impacts
The recent executive order creates several immediate challenges:
Regulatory Vacuum: By revoking CEQ's authority to issue binding regulations and requiring the rescission of all existing regulations within 30 days, the order creates significant uncertainty about environmental review processes.
Leadership Gap: The order requires massive changes to be implemented by the CEQ chair – a position that remains unfilled. Historically, these positions have taken months or years to fill; Biden's CEQ chair wasn't confirmed until April 2021, and Trump's took two years.
Legal Paradox: As noted by John Ruple, former senior counsel to CEQ, the order creates a procedural contradiction: it requires CEQ to rescind regulations through a rulemaking process while simultaneously removing its rulemaking authority.
Implications for Clean Energy Development
The executive order's impact on renewable energy is particularly concerning:
Wind Energy Restrictions:
Complete block on offshore wind turbine development
Restrictions on onshore turbines using public funds or lands
Industry estimates suggest this could affect over 50% of existing wind projects
Economic Impact:
Onshore wind is currently tied with solar as the cheapest per-megawatt electricity source in the US
Even cheaper than natural gas, though with reliability considerations
Department of Interior Response:
Suspended permits for all renewable energy projects
Impacts both wind and solar developments
Creates uncertainty in the renewable energy market
The Legal Landscape
The timing of this order appears connected to the recent Marin Audubon Society v. Federal Aviation Administration (2024) case, where the DC Circuit Court of Appeals questioned CEQ's legal authority to issue NEPA regulations. This creates several potential scenarios:
Court Responses: Courts might continue using the previous half-century of regulations as guidance for interpreting NEPA requirements, regardless of the executive order.
Agency Discretion: Federal agencies could potentially adopt narrower definitions of terms like "significance" and "major federal action," though this might increase litigation risk.
Legislative Solutions: The Fiscal Responsibility Act of 2023 already made some NEPA modifications, suggesting legislative reform is possible but would require bipartisan support.
Looking Forward: What This Means for Environmental Protection
The changes create a complex landscape where:
Environmental review processes face uncertainty
Clean energy development could face significant delays
Litigation risk might actually increase for federal projects
Small projects could face the same scrutiny as large ones without clear guidelines
Additionally, the October 2023 NEPA reform for chip manufacturing plants shows that targeted legislative changes are possible, though comprehensive reform would likely require bipartisan support that has proved elusive so far.
Our Stand: Why We're Staying the Course
While these policy changes create uncertainty at the federal level, Earth & Body Wise remains committed to environmental stewardship. Here's how:
Rigorous Standards: We maintain strict environmental impact assessments for our operations, regardless of federal requirements
Sustainable Sourcing: Our ingredients come from suppliers who meet or exceed environmental protection standards
Clean Energy Commitment: We continue to support and utilize renewable energy in our manufacturing process
What You Can Do
Stay Informed: Follow environmental policy changes through reputable sources
Support Sustainable Brands: Choose companies that maintain high environmental standards regardless of regulatory requirements
Advocate: Contact your representatives about the importance of environmental protection
Vote with Your Wallet: Support products and companies that prioritize both human and environmental health
Conclusion
While the long-term implications of these changes remain to be seen, they represent a significant shift in environmental policy that could affect everything from infrastructure development to clean energy deployment. The coming months will be crucial as agencies, courts, and stakeholders navigate this new landscape.
Follow our blog for continued analysis of environmental policy changes and their implications for public health and sustainable development.