Marcella Burke participated in a panel hosted by the Foundation for Natural Resources and Energy Law examining the Department of the Interior’s April 2025 announcement of unprecedented measures to accelerate permitting for oil and gas and critical minerals projects. The Department, responding to President Trump’s declaration of a national energy emergency, directed agencies to fast-track reviews under NEPA, the ESA, and the NHPA. These changes, for example, allow environmental impact statements that traditionally take years to be completed within 28 days, with significantly curtailed public participation.
The discussion highlighted both the potential benefits for industries frustrated by lengthy review timelines and the legal uncertainties surrounding the durability and enforceability of such measures.
Burke was joined on the panel by:
- Andy Mergen, Faculty Director and Visiting Assistant Clinical Professor of Law at Harvard Law School
- Sarah Bordelon, Of Counsel at Holland & Hart LLP
- Joshua Cook, Partner at Crowley Fleck Attorneys
Together, the panel explored who stands to benefit from the expedited processes and the legal risks project proponents may face by relying on them.
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