Essay by Eric Worrall
US Environmental laws are so complicated even green schemes backed by friendly regulators are struggling.
How liberals unintentionally made it harder to fight climate change
By Nathaniel Meyersohn, CNN
Updated 2:03 PM EDT, Sat August 12, 2023New YorkCNN —
A bedrock federal law designed to protect the environment and empower local communities is being weaponized to block progress on climate change, infrastructure and housing.
The battle over New York City’s landmark congestion price plan is the latest example.
After more than 50 years of efforts to implement a toll program that would slash greenhouse emissions from cars and reduce congestion in lower Manhattan, the plan cleared a milestone in May, when the federal government signed off on the release of an environmental assessment.
Then, last month, New Jersey sued to block the plan, citing the National Environmental Policy Act of 1970 (NEPA). The law requires federal agencies to give a detailed assessment of the environmental impact before approving projects that could significantly alter the environmental landscape.
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Read more: https://edition.cnn.com/2023/08/12/business/environment-laws-climate-housing/index.html
In this case I’m happy the congestion scheme was blocked. Congestion schemes are generally brutal regressive tax attacks on the poor and middle class. I don’t know the specifics of the New York scheme, but I’m guessing its just like all the others.
However this case hilights a broader issue. If green schemes backed by regulators struggle with court cases which will likely take years to resolve, imagine trying to get approval for say a new factory which does anything remotely polluting or dangerous, without strong regulatory support for your project.
In my opinion, this paper regulatory roadblock is likely why other nations control the global market in strategic commodities such as Rare Earth minerals, and is at least part of the reason the US economy is struggling with supply chain issues.
The USA has all the mineral resources needed to do pretty much anything. But the USA only controls 15.8% of the world’s Rare Earth mineral market, mostly sourced from the Mountain Pass Mine in California. Other large deposits exist, such as an astoundingly rich deposit in Montana, which may be about to be developed.
But how long will getting approval for potential Rare Earth mines like that Montana deposit take? My guess, the difficulty of obtaining US regulatory approval for any remotely controversial economic activity, like refining Rare Earth minerals, is a big part of the problem, the reason the USA is late to the Rare Earth party, and who knows how many other key economic activities.
It is amusing how environmental types are shocked that other people can use NIMBYism to defeat projects they happen to like.
The green blob loves NEPA, so having it bite them is only fair.
The problem is not the REO ore. It may not be mine permitting (the claims sit on multiuse designated US Forest Service land).
The problem is the processing into REs. Mountain Pass spent about $2 billion over 3 years setting up an environmentally responsible processing system when China restrictions sent RE prices skyrocketing. Then China dropped the restrictions and intentionally bankrupted Mountain Pass.
China incurs none of the processing environmental costs. They just dump process residue into a totally toxic largish black sludge ‘lake’. So they have a huge cost advantage.
Rud
I have always thought that the environmental laws here should be applied to products made elsewhere. If someone can’t make it like we have to, then it can’t be sold here. Just exporting the pollution in my opinion.
The problem with that is that so many, perhaps even most, environmental regulations don’t provide any environmental benefit. Their only purpose is to make economic activity as difficult as possible.
Some countries would just lie, other countries would get a bye because they are developing, and yet others would not have to comply because it’s racist.
Who gives a crap
In some small way we do. The company I worked for was required to sign forms saying that the minerals used in our high speed steel products was “ethically” obtained. Kind of like the blood diamond idea.
Ironic stuff and good to see it nipped in the bud
“”Ultra Low Emission Zone
the Ultra Low Emission Zone (ULEZ) operates 24 hours a day, 7 days a week, every day of the year, except Christmas Day (25 December)””
https://tfl.gov.uk/modes/driving/ultra-low-emission-zone
Don’t do it
Aw man, slow on the uptake there or what:
Easy peasy lemon squeezy – there you have 15 million car owners on the hook for a £25 daily charge as soon as they put keys in the ignition
I can tell you in three words why the US struggles, democrats, democrats and democrats.
I would love to see “Equal Application of the Law” applied to wind and solar facilities and have a realistic environmental impact assessment done on the total infrastructure needed to make wind/solar simi-functional. This includes land use impact and change, impacts to wildlife including endangered species, and the impact of necessary construction of additional backup generation capacity for all those times when the wind doesn’t blow and the sun doesn’t shine. There should be no relief from the Endangered Species Act and it should be applied equally to all power generation facilities no matter what the power source.
My immediate thought too. If “The law requires federal agencies to give a detailed assessment of the environmental impact before approving projects that could significantly alter the environmental landscape.” then no wind farm could ever get approval.
Here here! AND such “assessments” need to consider the full life cycle of all materials used in their construction, “cradle to grave,” (like the aforementioned “toxic black sludge lake,” child/slave labor cobalt mining, etc.) PLUS the fact that the need to be torn down and replaced about every two decades.
It is certainly possible that the NJ action is motivated by an altruistic environmental desire to see the right thing done, but having lived in NJ for almost a decade many years ago, I have some doubts. I was somewhat surprised when I moved there to find many of the major properties, especially beach clubs, entertainment venues, and companies servicing roads and trash removal, were owned by gregarious, but semi-reclusive men with Italian names and colorful, descriptive middle nicknames. The first month I moved in saw news reported of one such colorful gentleman found in his private quarters in his beach front resort, shot in the head with a single small caliber bullet, and no one saw or heard anything. His body was not even discovered for several days. It sounds like NY simply did not include an acceptable kickback of the funds to be collected to the relevant parties in NJ. They simply did not understand that the NJ parties needed to “wet their beak” and all would be well.
Everything cuts both ways. Regulatory lawsuit blocking may be the only way to prevent the damage of wind turbine and solar installation building in many places.
“a toll program that would slash greenhouse emissions”
Funny how one the one hand one toll program will solve global warming but on the other hand the climate is spinning out of control, we need to do so much more.
Keep building that shaky House of Cards …..higher and higher…..on that shaky weak foundation of CO2….what could go wrong?
With respect to NYC congestion pricing, I think the ‘green reduce exhaust emissions’ reason was just a cover story. NYC is broke, and this was just a way to regressively tax the many NJ commuters who work in NYC but cannot afford to live there with median rent about $5k/month.
The cover story backfired when NJ cleverly used NEPA to block NYC. Self inflicted faux virtue signaling wound. Ridicule is in order.
CNN’s report says congestion taxes in other cities have caused “a drop in carbon dioxide pollution” – well I guess the magic solution to reducing CO2 levels has been found! Strange though, how CO2 levels mysteriously keep growing every year by 2-3 ppm, but CNN must be right!?
Too long to contribute to Biden’s 2030 emissions target.
Mine development in Australia has a reasonably easy path but 10 years is as good as it gets. The Carmichael mine project commenced in 2010. It got Federal approval in 2014. Its first shipment was in 2021.
I was involved in the Century mine project including negotiation of various operating licences. The deposit was discovered in 1990. First concentrate production was 1999. The development team that I joined 4 years into the project was very experienced in mine development in Australia. The project director was highly regarded in the aboriginal community through prior negotiations so that knowledge and report was invaluable in streaming the development.
Such development hurdles could be beneficial in halting the development of offshore wind farms in Australia. Norak Head residents at least had the proposed park boundaries relocated.
Star of the South project is aiming to release their Coastal Processes report that will cover environmental impacts in early 2024. I will be one of the persons responding to its content.
My view on wind farms is that the value of wind energy as an environmental good is underestimated. This is particularly the case for coastline wind farms that rob wind energy and, most importantly, the amount of moisture advected into already delicate habitats.
The aim of a wind farm is to reduce surface wind energy by around 59%. This is over a wide region in an atmospheric zone of highest moisture content. No current climate model has any hope of capturing the real impact.
I think you meant (since you were talking about ‘environmental GOOD’) “OVERESTIMATED.”
Of course, that would apply to any “estimate” greater than zero.
From the article: “A bedrock federal law designed to protect the environment and empower local communities is being weaponized to block progress on climate change, infrastructure and housing.”
“Weaponized”? It sounds to me like the law is doing what it was intended to do, “protect the environment” from windmills and industrial solar, among other things.
This is why, for all the government “speak” about “permitting reform” being something that would enable fossil fuel projects to be advanced, I was happy to see said “reform” be blocked by the Democrat Eco-Nazis in congress.
Because (1) It was important for Manchin to get stabbed in the back so he could see what lowlife scum he was dealing with and (2) In practice, it would have been used to shove worse-than-useless wind and solar projects down people’s throats rather than allow actuallyuseful energy projects to be advanced.
From the article: “In my opinion, this paper regulatory roadblock is likely why other nations control the global market in strategic commodities such as Rare Earth minerals, and is at least part of the reason the US economy is struggling with supply chain issues.”
NIMBY might be the reason we are having supply chain problems. That, and a stupid president.
story tip
https://time.com/6294818/lithium-mining-us-maine/
Gem Hunters Found the Lithium America Needs. Maine Won’t Let Them Dig It Up
But then, America DOESN’T “need” the Lithium, that so-called “need” is government attempting to shove worse-than-useless wind, solar and BEVs down people’s throats.
“But how long will getting approval for potential Rare Earth mines like that Montana deposit take?”
Not likely anytime soon. The Greens are in control of anything related to mining. The
federal judges Christianson and Molloy rubber stamp anything the Greens have
objected to. There is a long history of industrial waste damages in these parts that
have set the precedence. The only possibility might be the proposed use in the Greens
“renewable scheme”. Back in the 70’s when the Enviro movement had popular backing
there were some huge messes around the state like the Berkley Pit in Butte, the largest
superfund site in the country. Add to that how some of the mining players have acted
on projects since and I wouldn’t give a RE mine a snowball chance in Hell. Just my opinion,
My family has property in the Boulder Batholith which is part of the copper mine in Butte.
The mountains all around here were extensively cored back in the ’80s and have
a huge amount things like uranium, gold, silver, moly, ect ect. Phelp Dodge
did this and have the cores, If you hike around the area you will see aluminum tags fastened to trees in various areas, those are mining claims they filed back in those times.. Some guys collect them. They did the same thing in N Idaho..Those cores are amazing
to see or hold in your hands. They first flew it with a helicoptor with a MAD unit on, MAD
being a military -magnectic anti submarine detection unit– the tags on trees were hits..
I can ramble on this for hours…
When it comes down to it, New York City’s idea of taxing people to drive into it is economic suicide. Four of NYC’s five boroughs (all except the Bronx) are on islands, so that commuters from nearby suburbs (especially in New Jersey) always need to use a bridge or tunnel to work in the city, and the bridge and tunnel tolls are already expensive for those who pay them daily.
After the COVID lockdowns, many companies based in NYC allowed employees to work remotely from home, to reduce the incentive to actually show up to work. This may work well for employees living outside the city, but what about small businesses in the city, now further deprived of customers?
New Jersey residents already pay a high price for the “privilege” of working in NYC while owning a small plot of land under their house where they can spend the weekend, instead of living in a tiny apartment on the umpteenth floor of a high-rise human anthill in the city. They shouldn’t have to pay the city for the “privilege” of setting foot on a congested island.
In particular when the alternative is the Russian Roulette subway overrun with EDPs and addicts (often both) that they don’t deal with.