New Executive Order is a ‘Brazen Attempt to Suspend Our Democratic Principles and the Rule of Law’
Statement from David J. Hayes on today’s executive order waiving environmental laws for major infrastructure projects.
June 4, 2020
Washington, D.C. — President Trump today signed an executive order instructing federal agencies to rely on emergency authorities to expedite approvals for major infrastructure projects such as pipelines, energy projects on public lands, and highways. The president’s order assumes that legal obligations to adhere to environmental laws such as the National Environmental Policy Act, the Endangered Species Act and the Clean Water Act can be waived or otherwise avoided in an economic emergency, such as that presented by COVID-19. David J. Hayes, Executive Director of the State Energy & Environmental Impact Center at NYU School of Law and former Interior Deputy Secretary in the Obama and Clinton administrations, released the following statement in response to today’s announcement:
“Neither our environmental nor our disaster relief laws give the administration authority to short-circuit legal obligations to evaluate potential environmental or community impacts of proposed energy projects, forestry projects, highway projects or other major long-lived infrastructure projects. The executive order is another brazen attempt by the administration to avoid the rule of law and push through favored, non-emergency projects without legally-required environmental analysis and public scrutiny. It directs federal agencies to run roughshod over Americans’ legal rights and interests — particularly those in vulnerable communities who often are most adversely impacted by such projects and whose voices have been ignored for far too long.”
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About the State Energy & Environmental Impact Center:
The State Energy & Environmental Impact Center at NYU School of Law is a nonpartisan academic center at NYU School of Law. The Center is dedicated to working towards a healthy and safe environment, guided by inclusive and equitable principles. The Center studies and supports the work of state attorneys general (AGs) in defending, enforcing, and promoting strong laws and policies in the areas of climate, environmental justice, environmental protection, and clean energy.