This piece originally appeared at Green Tape.
The incoming Trump administration has a generational opportunity to restructure environmental permitting in the United States. The D.C. Circuit's landmark ruling in Marin Audubon Society v. FAA has opened sweeping new pathways for NEPA reform. Interior Secretary and “energy czar” Doug Burgum has identified cutting red tape as a top priority for his tenure. And the court battle over Florida's Section 404 program assumption has thrust the Clean Water Act back into the spotlight.
There is almost certain to be legislative efforts at permitting reform – first through Republican party-line attempts in reconciliation, and again through bipartisan negotiations in the surface transportation reauthorization in 2026. But the executive branch can already achieve substantial progress through existing powers.
Below, I’ve outlined the key executive branch administrative actions available for reforming permitting. The main story for the next four years will be the Council on Environmental Quality (CEQ), but EPA has a huge opportunity, too.
