Implementing EO 13807 – coordinating NEPA and compliance with other federal laws

Abstract

ABSTRACT The purpose of Executive Order (EO) 13807 “Establishing Discipline and Accountability in the Environmental Review and Permitting Process for Infrastructure” is to support the timely processing of federal environmental reviews and agency authorization decisions for proposed major infrastructure projects. In addition to outlining the goal of completing all environmental reviews in an average of two years, EO 13807 stipulates that all federal authorization decisions, including issuing permits, shall be completed within 90 days of the issuance of a ROD. If environmental reviews and authorizations under other federal laws are not effectively coordinated, meeting the requirements outlined in EO 13807 will be difficult, if not impossible. This review examines how to effectively coordinate planning and permitting under the National Environmental Policy Act and three other federal laws, compliance with which is commonly needed for major infrastructure projects – the Endangered Species Act, the Clean Water Act, and the National Historic Preservation Act.