Trump’s plan to accelerate energy projects threatened by legal challenges

Trump's potential return to the "Schedule F" measure could ease energy project approvals but risks legal delays due to the replacement of technical experts with political appointees.

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Former President Donald Trump’s ambition to streamline energy project approvals is centered on a controversial plan to overhaul the federal civil service. At the heart of this plan is the reinstatement of “Schedule F,” a measure introduced during his first term, which would allow the dismissal of thousands of federal employees and replace technical experts with political appointees, potentially impacting the permit review process, particularly under the National Environmental Policy Act (NEPA).

Schedule F, a federal employment category introduced by a Trump executive order in October 2020, would strip traditional protections from career civil servants. The goal is to expedite decisions on major infrastructure projects, especially in the energy sector. However, federal permitting experts warn that this acceleration could lead to further delays, primarily due to potential legal challenges.

Technical expertise replaced by political appointees

Nikki Chiappa, director of the permitting program at the Breakthrough Institute, points out that replacing NEPA review specialists with politically appointed individuals who lack technical expertise could make environmental assessments more vulnerable to lawsuits. According to Chiappa, the quality of reviews could decline, making these projects more susceptible to prolonged legal delays.

The Schedule F program could also result in a loss of talent among federal experts, further increasing the workload for the few remaining specialists. This situation risks undermining the speed of approvals, a key objective of Trump’s strategy.

Impacts on renewable energy projects

While Trump has shown support for mining and fossil fuel projects, his frequent criticisms of renewable energy, particularly wind power, are well documented. Should Schedule F be reinstated, the appointment of politically aligned individuals could slow down green energy projects, including those backed by the Biden administration, such as offshore wind and solar initiatives.

The “Project 2025” report, authored by the Heritage Foundation, supports this approach by recommending that the role of executive director of the Permitting Council — the federal agency responsible for coordinating environmental reviews for high-priority projects — be given to a presidential appointee with expanded powers to influence the approval process.

Increased risk of legal delays

The legal vulnerability of approvals issued without solid technical expertise could paralyze numerous energy projects. A study by the Breakthrough Institute reveals that NEPA-related lawsuits delayed projects by an average of 3.9 years between 2013 and 2022, whether they were fossil fuel or renewable energy projects. Without a strong framework to address legal challenges, these delays could worsen under a Trump administration implementing Schedule F.

Christine Tezak, director at ClearView Energy Partners, suggests that projects already under construction are likely safe from political interference, but new projects could be more vulnerable. If environmental reviews are seen as less rigorous, opponents of these projects will have more grounds to challenge them in court.

A risky bet for the future of energy projects

Ultimately, Trump’s desire to streamline energy project approvals may face unforeseen obstacles. By reducing the role of technical experts within the administration, many projects could become entangled in legal disputes. Without legislative reforms to limit legal challenges, particularly those related to NEPA, the risk is that this strategy, intended to speed up projects, could end up slowing them down even further.

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