Bloomberg Law
April 2, 2021, 9:31 AM

Biden Infrastructure Plan Has Unlikely Ally in Trump Permit Redo

Stephen Lee
Stephen Lee

A set of Trump-era changes to the nation’s permitting laws—which Democrats fiercely rejected—could end up helping President Joe Biden get his $2.25 trillion infrastructure plan off the ground if they’re not tossed out, law professors and free marketeers say.

The 2020 White House Council on Environmental Quality rewrite limits the scope of agency permit reviews under the National Environmental Policy Act for large projects, such as highways and bridges. It also more narrowly defines which projects warrant scrutiny.

It’s a paradox that Chad Whiteman, vice president of environmental and regulatory affairs at the U.S. Chamber of Commerce, finds “quite ironic.” ...

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