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NR&E

Spring 2025: Procedural and Administrative Maneuvers

The Back Page: New Path Forward

Samuel L Brown

Summary

  • If one step back from the chaos of environmental policy seen in 2025, one can see that some form of change was likely necessary.
  • More and better infrastructure, including transmission lines and CO2 pipelines, to mitigate the impacts of climate change needs to be built faster.
  • The goal for ABA Section of Environment, Energy, and Resources members and environmental attorneys should be to not just survive the current disruption, but to thrive economically while also protecting the environment.
The Back Page: New Path Forward
Bloomberg Creative via Getty Images

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Disruption: a potential candidate for word of the year. 2025 has seen the global disruption of politics, international relations, the existing economic order, and the way the U.S. federal government functions. President Trump has accelerated this disruption, but change was already on the horizon.

In the context of environmental, energy, natural resource, and climate change issues, there are strong feelings of support and opposition to the shift in federal policies and efforts to curb related state and local priorities. However, stepping back, some form of change was likely necessary. For example, emissions of carbon dioxide (CO2) are increasing every year, 2024 was the hottest year on record globally, and it was millions of years ago the last time there was the current levels of CO2 in the atmosphere. If you support action on climate change, the status quo is not working, and disruption is necessary.

In the U.S., more and better infrastructure needs to be built, and faster. There is a serious societal disconnect if climate change is a long-term threat to human prosperity, but as a nation we cannot collectively find a path to build the infrastructure necessary to mitigate climate change (e.g., transmission lines, CO2 pipelines) in a timely manner due to environmental permitting delays and litigation contesting the projects. The prior administration created a multi-billion-dollar framework to jump start the development of this necessary infrastructure but then failed to create an efficient pathway to effectuate change, raised unnecessary roadblocks, and otherwise failed to prioritize—with urgency—the real-world implementation of this framework.

New infrastructure to power the data centers necessary to support the advancement of artificial intelligence technology, building new homes and communities, especially in places like California, where the cost of housing is beyond the reach of most families, and the development of new domestic mining and mineral processing infrastructure to feed into the energy transition supply chains, will all require a disruption to the status quo. The disruption from long-term tariffs, trade wars, and shifting geopolitical alliances will only increase the need for changes at the federal, state, and local levels to advance the infrastructure necessary for the U.S. to remain economically and geopolitically competitive. However, the changes necessary to ride this wave of disruption must be positive and not be cross-current to each other. For example, efficient federal permitting to advance the necessary infrastructure projects may only be possible with the responsible federal agencies properly funded and staffed with motivated staff with high morale.

"Who is making the first move?"

Illustration by Steven Mach/Natural Resources & Environment

"Who is making the first move?"

A new path forward is needed. The precise route of that path and the details of how it should be walked are beyond this 500-word essay. However, what is likely needed are the Section members who form the “three-legged-stool” of environmental, energy, natural resource, and climate change law—government, private sector, and nongovernment organization attorneys—to re-think how we interact with each other and to redouble our efforts to explore if there are opportunities for us and our clients to focus on the projects and issues where there is common ground. The goal is to not just survive the disruption, but to thrive economically while also protecting the environment and mitigate the worst effects of climate change.

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