Report exposes controversial government tactic to fast-track nearly 600 major projects: 'Expect a flood of lawsuits'

In January, President Donald Trump issued an executive order declaring a national energy emergency. It called for hundreds of permit reviews to be fast-tracked despite the proposals' potential to damage critical wetlands and waterways.

What's happening?

The Environmental Integrity Project, a nonprofit environmental watchdog, reported that the U.S. Army Corps of Engineers marked for expedited review more than 600 permit applications for projects that would disturb wetlands and waterways in at least six states. 

As Albert C. Lin, a professor of law at the University of California, Davis, wrote for The Conversation, the concern for environmentalists is "the projects might be allowed to alter or destroy hundreds of acres of wetlands or risk contamination of drinking water sources."

The projects listed for emergency review include a 37-mile crude oil pipeline that would run beneath Sabine Lake in Louisiana and disrupt more than 230 acres of sensitive wetlands, including those in Sabine National Wildlife Refuge. Another permit review involves a proposed 754-megawatt natural-gas-fired power plant in Texas that would destroy 51 acres of wetlands. 

The Corps of Engineers later said it would revise the list following public outcry, in part because, according to the EIP, some projects had nothing to do with energy development. For example, one project marked for review is a proposal to build a gold mine in Idaho that would harm 145 acres of wetlands and 21 acres of streams in the Payette National Forest. Another is a housing development proposed by Chevron that would impact around an acre of fragile wetlands in California. 

Even if they were all energy projects, though, Lin wrote "it's not clear that the claimed emergency conditions warrant fast-tracking major projects with minimal environmental review or public scrutiny."

Matt Rota, senior policy director for nonprofit Healthy Gulf, told the EIP, "The Trump Administration's push for an 'emergency' review of wetlands destruction permits is a blatant attempt to sidestep environmental laws and fast-track fossil fuel projects at the expense of our wetlands and communities. Rushing permits like the Blue Marlin Offshore Port pipeline under a manufactured 'emergency' undermines public oversight and threatens the Gulf Coast region's vital wetland ecosystems."

According to the Corps website, many of the pending "energy emergency" permit reviews were for dirty fuel-related projects, including more than 60 to build pipelines and gas-fueled power plants. 

Why are the proposed energy projects concerning?

Wetlands support humans and animals in numerous ways, including providing natural flood barriers, improving water quality, absorbing carbon in the air, and providing habitat for birds, fish, and other species. Lakes also serve as crucial habitats for diverse plant and animal life, and are vital freshwater sources for humans. 

If even a few of the larger projects are approved, it will damage these fragile ecosystems and could make coastal communities more vulnerable to flooding in storms — something that Texans have become all too familiar with in recent years. 

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Kristen Schlemmer, senior legal director for nonprofit Bayou City Waterkeeper, told EIP, "After Hurricane Beryl, Hurricane Harvey and countless other unnamed rainstorms, those of us living across greater Houston and along the Texas coast have learned again and again how important wetlands are to us as a natural form of flood protection — and what happens when wetlands are lost. Fast-tracking projects that destroy wetlands will rob our communities of critical wetland protections and place us at greater risk, without any benefits."

With the expedited review process, communities may not have the chance to hear about how the projects would affect them, giving residents no opportunity to object. In addition, regulators may not review applications as thoroughly under time constraints. 

What's being done to help?

According to Inside Climate News, the Center for Biological Diversity — an environmental nonprofit — threatened to sue the Army Corps over the fast-tracked projects, claiming they violated the Clean Water Act and Endangered Species Act. 

Reuters reported that the Corps is revising the list of emergency energy projects to fast-track until it determines which actions may be covered under the executive order. 

Lin also wrote for The Conversation that any fast-tracking that does happen could violate established laws: "If the Corps' promised revisions to the list of emergency projects look anything like the original version, expect a flood of lawsuits — which will seek to challenge any permits granted under emergency procedures."

Local nonprofits and state organizations in Massachusetts worked to secure conservation protection for over 800 acres of critical wetlands, proving what's possible by collaborating and looking after Mother Nature. 

Beyond that, speaking up to show lawmakers what's important and to get dirty energy companies to reconsider projects that will harm the planet can go a long way toward building a cleaner, safer future for all.

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