EPA Seeks to Accelerate Energy and AI Infrastructure Permitting Through Regulatory Changes

On Tuesday, the Trump administration unveiled a proposed rule aimed at revising the pollution protections for waterways established during the Biden era. The Environmental Protection Agency (EPA) indicated that this move would expedite the permitting process for energy projects and infrastructure related to artificial intelligence.

The proposed rule specifically addresses the 2023 finalization of the 401 section of the Clean Water Act, which was enacted under former President Joe Biden. This revision reversed a 2020 rule from President Donald Trump’s first term, which had granted states and tribes the authority to oversee the protection of waterways during federal project reviews.

Jess Kramer, the EPA’s assistant administrator for water, expressed concerns about the 2023 revision, labeling it as “fundamentally flawed” and “inefficient and ineffective.” According to Kramer, the Biden administration’s changes resulted in prolonged certification timelines. The newly proposed rule aims to create a more predictable permitting process that would “unleash American energy dominance” while also supporting the development of emerging artificial intelligence infrastructure.

While the Biden administration’s rule received accolades from conservationists and environmental justice advocates who were worried about pollution’s impact on waterways and the communities that rely on them, Kramer emphasized that the proposed rule would prevent states from using section 401 as a political tool to obstruct projects.

In August 2023, the Biden administration had already narrowed the scope of the rule following a unanimous 9-0 ruling by the U.S. Supreme Court. This decision limited the EPA’s regulatory authority, addressing concerns raised by farmers and landowners who criticized the agency for what they perceived as regulatory overreach.

The proposed rule is set to enter a 30-day comment period, with the EPA aiming to finalize it by spring, according to Kramer.

Topics
InsurTech
Data Driven
Artificial Intelligence
Pollution

On Tuesday, the Trump administration unveiled a proposed rule aimed at revising the pollution protections for waterways established during the Biden era. The Environmental Protection Agency (EPA) indicated that this move would expedite the permitting process for energy projects and infrastructure related to artificial intelligence.

The proposed rule specifically addresses the 2023 finalization of the 401 section of the Clean Water Act, which was enacted under former President Joe Biden. This revision reversed a 2020 rule from President Donald Trump’s first term, which had granted states and tribes the authority to oversee the protection of waterways during federal project reviews.

Jess Kramer, the EPA’s assistant administrator for water, expressed concerns about the 2023 revision, labeling it as “fundamentally flawed” and “inefficient and ineffective.” According to Kramer, the Biden administration’s changes resulted in prolonged certification timelines. The newly proposed rule aims to create a more predictable permitting process that would “unleash American energy dominance” while also supporting the development of emerging artificial intelligence infrastructure.

While the Biden administration’s rule received accolades from conservationists and environmental justice advocates who were worried about pollution’s impact on waterways and the communities that rely on them, Kramer emphasized that the proposed rule would prevent states from using section 401 as a political tool to obstruct projects.

In August 2023, the Biden administration had already narrowed the scope of the rule following a unanimous 9-0 ruling by the U.S. Supreme Court. This decision limited the EPA’s regulatory authority, addressing concerns raised by farmers and landowners who criticized the agency for what they perceived as regulatory overreach.

The proposed rule is set to enter a 30-day comment period, with the EPA aiming to finalize it by spring, according to Kramer.

Topics
InsurTech
Data Driven
Artificial Intelligence
Pollution