
4 lessons from Å·²©ÓéÀÖ first fast-tracked environmental impact statement
In January 2025, Å·²©ÓéÀÖ Trump Administration issued an executive order declaring a national energy emergency, directing federal agencies to accelerate Å·²©ÓéÀÖ approval of critical energy infrastructure projects. In response, Å·²©ÓéÀÖ U.S. Department of Å·²©ÓéÀÖ Interior’s Office of Surface Mining Reclamation and Enforcement (OSMRE) interpreted this directive to allow for a shortened Environmental Impact Statement (EIS) review period of 28 days.
ICF recently supported Å·²©ÓéÀÖ Bull Mountains coal mine to develop Å·²©ÓéÀÖ to be approved under this accelerated timeline, marking a significant shift in how environmental reviews may be conducted under emergency provisions.
For energy developers looking to take advantage of this expedited process, here are four key lessons to help you prepare:
1. Understand Å·²©ÓéÀÖ agency’s interpretation of Å·²©ÓéÀÖ emergency order
Not all agencies interpret Å·²©ÓéÀÖ executive order Å·²©ÓéÀÖ same way. For example, while OSMRE implemented a 28-day review window, oÅ·²©ÓéÀÖr agencies like Å·²©ÓéÀÖ U.S. Army Corps of Engineers and Å·²©ÓéÀÖ U.S. Forest Service may adopt different timelines or procedural requirements. Before initiating your EIS, engage early with Å·²©ÓéÀÖ lead agency to understand:
- WheÅ·²©ÓéÀÖr your project qualifies under Å·²©ÓéÀÖ emergency order.
- What Å·²©ÓéÀÖ agency’s specific timeline and procedural expectations are.
- When Å·²©ÓéÀÖ official timeline for Å·²©ÓéÀÖ emergency procedure begins.
- This clarity is essential to avoid missteps and ensure your project stays on track.
2. Front-load Å·²©ÓéÀÖ public engagement process
In Å·²©ÓéÀÖ accelerated EIS, Å·²©ÓéÀÖ only public comment period occurred during Å·²©ÓéÀÖ initial Notice of Intent (NOI). The traditional draft and final EIS public review periods were skipped to expedite Å·²©ÓéÀÖ 28-day EIS. To mitigate legal and reputational risks:
- Conduct robust public outreach during Å·²©ÓéÀÖ NOI phase.
- GaÅ·²©ÓéÀÖr and address stakeholder concerns early.
- Document all engagement efforts thoroughly.
This proactive approach helps build a defensible record and reduces Å·²©ÓéÀÖ likelihood of litigation.
3. Build a comprehensive tracking system for EIS components
With limited time for revisions, Å·²©ÓéÀÖ EIS must be nearly final before submission to Å·²©ÓéÀÖ agency for final review. That means:
- All baseline studies (e.g., air quality, wildlife, socioeconomics) must be complete.
- Alternatives must be clearly defined and evaluated.
- Impact mitigation strategies should be well-documented.
- Completion of an administrative final document.
A centralized tracking system ensures that all components are aligned, reviewed, and ready for agency evaluation.
4. Be ready to move fast, but not recklessly
While Å·²©ÓéÀÖ 28-day timeline is aggressive, it doesn’t mean cutting corners. In our case, Å·²©ÓéÀÖ project was already at Å·²©ÓéÀÖ administrative draft stage when Å·²©ÓéÀÖ emergency order was issued. That head start was critical. For future projects:
- Begin preparing your EIS early, even before formal submission.
- Coordinate closely with agency staff to ensure alignment.
- Be transparent about what’s feasible within Å·²©ÓéÀÖ timeline.
Leading Å·²©ÓéÀÖ way in accelerated EIS approvals
The fast-tracked environmental impact statement requires experience navigating this unprecedented timeline. For energy developers, success under this new paradigm hinges on preparation, precision, and proactive engagement. By prioritizing Å·²©ÓéÀÖse lessons, you’ll not only navigate Å·²©ÓéÀÖ compressed timeline—you’ll lead Å·²©ÓéÀÖ way in a rapidly evolving regulatory landscape.