Reforming Environmental Impact Assessments
Reforming Environmental Impact Assessments
Immediately following the November 2021 sale of 80m acres along the Gulf of Mexico for fossil fuel extraction, environmental groups undertook a lawsuit to challenge the deal. This week, a federal judge ruled in favour of the plaintiffs and cancelled the oil and gas leases, pointing to a flawed environmental impact assessment. The ruling is considered a major success amongst environmental activists and scientists, especially in light of a recent report made by the International Energy Agency which stated new oil and gas projects need to be halted this year in order for the world to reach net-zero by 2050.
This is not the only oil and gas project that has seen delays due to concerns regarding improper or incomplete environmental impact assessments. In August 2021, an oil development project in Alaska was halted due to the same reason. In light of these climate crisis developmental projects coming under increased scrutiny, the judicial system is looking at climate science and policy commitments to ensure that these environmental impact assessments are accurate.
Missing Considerations
In both Alaska and the Gulf, the court found that the environmental impact assessments were deemed inadequate due to a failure to include greenhouse gas emissions from foreign oil consumption in the analysis. Those who carried out the original environmental impact assessment in the Gulf of Mexico did not consider the effects of foreign greenhouse gas emissions as it was argued that not leasing the land in the Gulf would lead to increased fossil fuel production abroad.
When reviewing the sale, the judge overseeing the case found such an exclusion was a “serious failing.” In the Alaska sale, not only did the assessment exclude this information, but the judge found that it lacked specific measures to limit the impact of the project on polar bears and failed to consider alternative options for development. The exclusion of such information is considered highly impactful at the present moment, and must be included in future assessments in order to create an accurate picture of the effects on the environment.
Outdated Analysis
The sale in the Gulf of Mexico relied on an environmental impact assessment from several years ago. The judge further found that the assessment did not adequately consider the impact the project would have on the climate. Assertions that governmental agencies are not properly considering the effects of such projects on the environment are becoming increasingly common.
For instance, there are currently efforts to halt the U.S. Postal Service’s initiative to implement new gasoline-powered vehicles. The Environmental Protection Agency and other groups have called on the agency to reconsider and recall its plans due to its environmental analysis hinged on incorrect assumptions and missing data. While stopping such plans may be controversial, it is clear that a new standard is being applied to environmental impact assessments due to new information on the impacts of climate change on the environment and human health. It is likely that these stricter standards will continue to be applied with the greater goal of preventing and mitigating the climate crisis.
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