In an attempt to speed construction of multistate pipelines, liquefied natural gas terminals and cross-border infrastructure projects, President Donald Trump has signed two broad executive orders directing agencies to change current review processes, including Section 401 permits under the Clean Water Act.
But it’s not clear how much the orders, signed April 10, will speed construction, says Fred Jauss, partner at the law firm Dorsey & Whitney and a former Federal Energy Regulatory Commission attorney. He says, “The executive order is designed to amplify pressure on state governments that are not providing certifications. Implementation of this order will undoubtedly end up in the courts.”