With the Nation in Turmoil, Trump Orders Agencies to Waive Environmental Rules

Hours before trumpeting an economic rebound, the president cited an economic emergency to justify a sweeping rollback of bedrock laws.

When the latest employment data arrived on Friday with unexpected good news, President Donald Trump hailed May鈥檚 13.3 percent unemployment rate, down from 14.7 percent in April, as a sign that his leadership had spurred a comeback. 鈥淩eally Big Jobs Report,鈥 . 鈥淕reat going President Trump (kidding but true)!鈥

Later, at a press conference to tout the new jobs numbers鈥攚hich showed a slight uptick in Black unemployment despite the overall gains鈥擳rump for George Floyd, who was killed May 25 in police custody in Minneapolis. 鈥淗opefully George is looking down and saying this is a great thing that's happening for our country.鈥

Aside from its glaring insensitivity, the听president鈥檚 sunny economic message was at odds with a sweeping rollback of environmental protections he issued just a day earlier. On Thursday, citing a national economic emergency, Trump directing federal agencies to waive permitting requirements for infrastructure projects by tapping into emergency provisions within the Endangered Species Act, Clean Water Act, and National Environmental Policy Act (NEPA). It calls on agency leaders to 鈥渦se all relevant emergency and other authorities to expedite work on, and completion of, all authorized and appropriated highway and other infrastructure projects鈥 under their purview. It also directs them to deliver, within 30 days, a list of projects they will fast-track.听

The order is consistent with Trump鈥檚 years-long campaign 鈥渇ocused on reforming and streamlining an outdated regulatory system that has held back our economy with needless paperwork and costly delays,鈥 the order says. 鈥淯nnecessary regulatory delays will deny our citizens opportunities for jobs and economic security, keeping millions of Americans out of work and hindering our economic recovery from the national emergency.鈥

But environmental groups lambasted the move as a handout to polluting industries and a slap in the face to Black people who听experience disproportionate health impacts from pollution and, as a result, from COVID-19. 鈥淭his is what they do, you know? Cutting the red tape for business at the expense of health, quality of life, and safety of communities,鈥 says Kerene Tayloe, director of federal legislative affairs for . 鈥淚n one breath, he鈥檚 saying this executive order is to help us bounce back, but he鈥檚 setting up these communities that are already burdened to be further harmed.鈥

Mustafa Santiago Ali, a vice president with the National Wildlife Federation and a former EPA environmental justice official, .听鈥淲hen we say we can鈥檛 breathe, we are not only talking about the knees on our necks and chokeholds from police, but also the squeezing of life from our lungs brought on by the pollution that the Trump Administration continues to pump into our bodies by the rolling back of the vary laws that are meant to give us justice and access,鈥 he said.听

Other experts said that using an economic downturn to justify waiving environmental reviews and the public input that accompanies them is unprecedented. 鈥淭hese reviews are required by law to protect people from industries that can harm our health and our communities,鈥 said Gina McCarthy, president and CEO of the Natural Resources Defense Council and former administrator of the U.S. Environmental Protection Agency, . 鈥淕etting rid of them will hit those who live closest to polluting facilities and highways the hardest鈥攊n many of the same communities already suffering the most from the national emergencies at hand.鈥

The order lacks specifics about which projects could be expedited, but it could include roads, pipelines, electric transmission lines, and mines鈥攁ll of which impact birds and their habitat. Transmission lines, for example, commonly electrocute Golden Eagles and other raptors, says Nada Culver, vice president of public lands and senior policy counsel for the 探花精选. Endangered Whooping Cranes sometimes die in collisions with the lines, which also provide perches for predators of Greater Sage-Grouse, a species in worrisome decline.听

If federal agencies are allowed to use emergency authorities as Trump has directed, those kinds of impacts, along with the damage that building the lines could do to wetlands and other habitat, would be ignored, Culver warns. 鈥淭he idea for these authorities was to address emergencies, not to provide an excuse for pushing potentially harmful projects forward,鈥 she says. 鈥淐onsidering the impact on communities and the environment, and giving people a voice in decisions that affect their health and safety are not unnecessary regulatory delays, they are critical steps in responsible decision-making.鈥

For months prior to Thursday鈥檚 order听the Trump administration has been at work to significantly curtail NEPA, among the nation鈥檚 most fundamental environmental laws. NEPA requires agencies to take a hard, scientific look at the environmental impacts of planned projects before approving them. Backed by the fossil fuel, construction, and other industries, the administration has proposed limiting what kinds of impacts agencies have to consider and how long they can take to do so. While that proposal works through the federal rulemaking process, Tayloe says the executive order achieves its purpose听on a faster timeline. 鈥淭his articulates their goal even more clearly,鈥 she says.听

Still, like other Trump administration rollbacks, experts say the executive order could be vulnerable to legal challenges as a result of its interpretation of what constitutes an emergency under NEPA and other laws. And environmental groups appeared ready to exploit that vulnerability. 鈥淲e will not let this stand,鈥 McCarthy said.听