President Donald Trump’s declaration of an energy emergency to speed up approvals for fossil fuel projects is likely to run into plenty of legal roadblocks and could actually backfire, attorneys say.
Trump’s sweeping executive orders calling for an “unleashing” of American energy sent a clear message to federal agencies that energy production, particularly for coal, oil and gas projects, is to be a top priority. But attorneys for both environmental groups and industry are skeptical they will do much to achieve the desired effect of accelerating pipelines, export terminals and drilling projects that have been plagued by permitting delays and litigation.
Legal experts told POLITICO that emergency moves would be on shaky footing, especially after the Supreme Court last year overturned the 40-year-old Chevron doctrine, which gave federal agencies deference in interpreting laws. At the same time, the court’s conservative majority has been hostile to agency moves that extend beyond what Congress has expressly authorized in laws.
Some moves contemplated in the orders could even undermine the administration’s goals by introducing new uncertainty for energy companies and eliminating tools federal agencies have relied on to defend their actions in court.