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Two new FCC proposals would render an already weak NEPA process largely meaningless, strip local and state governments of nearly all of their congressionally granted authority, and leave the agency even less accountable to the public.
The Federal Communications Commission is poised to release two orders that would steamroll states and communities on behalf of the wireless industry. Long in bed with that industry, it will soon eliminate virtually any say locals have in the rollout of new infrastructure. Reflecting the industry’s wish list, these rules would override already-limited state and local control over how and where cell tower infrastructure is built, further erode environmental review safeguards, and trample on states’ rights.
Federal law already restricts states and communities from taking actions that “prohibit or effectively prohibit” the provision of wireless service. Yet Congress also recognized that local governments serve an essential role in responsible siting of telecommunications deployment through land-use planning, zoning, engineering oversight, public safety, and preservation of neighborhood character.
Historically, states and localities have retained the authority to charge industry reasonable fees and to regulate for public welfare—setting standards for structural safety, wildfire risk, flood exposure, resiliency, decommissioning, environmental protection, and aesthetics. Before siting, city councils, boards of supervisors, and other officials evaluate the impacts of large, industrial towers on homes and critical community assets, like parks, slope stability, or historic buildings.
For years, however, the Federal Communications Commission (FCC) has steadily chipped away at these core local functions through litigation and rulemakings that sharply curtail community authority to impose requirements on carriers. In November, the FCC proposed an even more aggressive series of changes that would all but obliterate what remains of local authority over wireless siting. The FCC claims these measures are necessary to “free towers and other wireless infrastructure from unlawful regulatory burdens imposed at the state and local level.”
As wireless technologies proliferate—with presumably even less scrutiny, oversight, and public input—the environmental and community impacts will only multiply.
One proposal would mandate automatic approval of tower and small-cell applications if localities miss federal deadlines. California officials warn these “unrealistic timelines” risk incomplete safety review and “threaten to silence the very people who must live with the consequences.”
The FCC would broadly preempt local aesthetic standards and cap fees that fund environmental review, rights-of-way management, and safety inspections, shifting industry costs on to taxpayers. It would treat setbacks aimed at limiting noise and visual impacts as impermissible RF radiation regulation, bar local requirements for industry-funded RF testing to verify compliance, prohibit updated safety and design standards at permit renewal, and override requirements that carriers consider less intrusive alternatives or demonstrate actual service need.
Taken together, these measures would eviscerate any local role in siting decisions that consider neighborhoods, landscapes, safety, and environmental integrity in communities across the nation, and replace it with the will of the wireless industry.
At the same time, the FCC is finalizing another rule that would eliminate community input in the agency’s already weak environmental review process. Under the National Environmental Policy Act (NEPA), federal agencies must assess and disclose environmental impacts and consider public concerns, yet the FCC has one of the least rigorous NEPA frameworks of any agency. Few of its authorized activities undergo any meaningful review. It delegates the preliminary environmental review to industry with no oversight or agency record; industry also prepares the few environmental assessments that may be required from the preliminary review. Its notice and comment procedures seem designed to exclude the public, and, unlike most agencies, the FCC has no web page devoted to NEPA documents or compliance. It has almost never enforced its environmental rules against industry violators.
The consequences of these failures are visible nationwide: protected landscapes and historic viewsheds marred, wetlands filled, endangered species habitat destroyed, sacred sites desecrated, burial mounds disturbed, and fragile underwater environments degraded. Equally important, the voices of communities and citizens have been suppressed and ignored.
Now, echoing industry demands to cut “regulatory red tape,” the FCC is proposing to further weaken its skeletal NEPA rules, exempt more of its actions from environmental review, and further exclude the public. It would redefine which actions trigger environmental review so that even fewer authorizations—covering most cell towers and satellite deployments—would be assessed for environmental effects. It would narrow the scope of the few environmental documents that remain and make them less available to the public. Most egregiously, the FCC proposes eliminating its lone public notice provision that alerts communities when a new tower is proposed, thereby allowing residents to object. Although the FCC routinely dismisses objections, the provision complies with a key NEPA requirement.
Both of the FCC’s proposals are a draconian solution to a nonexistent “problem.” At the end of 2024, industry statistics show 651,000 cell towers and wireless facilities operating nationwide, with thousands more, including satellites, approved or underway. Every major wireless carrier has nationwide coverage. Industry has prepared few environmental assessments over the years, and the FCC has never produced a more thorough environmental impact statement. Contrary to industry claims, red tape has not hindered deployment.
As wireless technologies proliferate—with presumably even less scrutiny, oversight, and public input—the environmental and community impacts will only multiply. Taken together, the FCC’s twin proposals would render an already weak NEPA process largely meaningless, strip local and state governments of nearly all of their congressionally granted authority, and leave the agency even less accountable to the public.
With almost 30 bills introduced on accelerating broadband siting this session, Congress too is doing its part to “free” industry from local control and environmental laws. Any and all of these radical new frameworks will hand industry a carte blanche to deploy infrastructure that runs roughshod over local, state, and public interests as well as the environment.
"The SPEED Act protects corporate interests, not the public, and it should be rejected by any senator who claims to stand with the people," said one campaigner.
Eleven Democrats on Thursday voted with nearly all Republicans in the US House of Representatives to advance a permitting reform bill that climate and frontline organizations warn is a "disastrous" attack on a landmark environmental protection law.
Democratic Reps. Jim Costa (Calif.), Henry Cuellar (Texas), Don Davis (NC), Chris Deluzio (Pa.), Lizzie Fletcher (Texas), Jared Golden (Maine), Vicente Gonzalez (Texas), Adam Gray (Calif.), John Mannion (NY), Marie Gluesenkamp Perez (Wash.), and Marc Veasey (Texas) voted with all Republicans present expect Rep. Brian Fitzpatrick (Pa.) to pass the bill.
The Standardizing Permitting and Expediting Economic Development (SPEED) Act, spearheaded by Golden and House Committee on Natural Resources Chair Bruce Westerman (R-Ark.), would amend the National Environmental Policy Act (NEPA), which "is often called the 'Magna Carta' of federal environmental laws."
In a statement after the vote, Food & Water Watch legal director Tarah Heinzen said that "for decades, NEPA has ensured logical decision-making and community involvement when the federal government considers projects that could harm people and the environment. The SPEED Act would eviscerate NEPA's protections."
The group detailed key ways in which the SPEED Act attacks NEPA:
"Today's absurd House vote is yet another handout to corporate polluters at the expense of everyday people who have to live with the real-world impacts of toxic pollution from dirty industries like fossil fuels and factory farms," Heinzen argued. "This nonsense must be dead on arrival in the Senate."
Other campaigners also looked to the upper chamber after the vote. Erik Schlenker-Goodrich, executive director of the Western Environmental Law Center, said that "renewable energy and climate advocates in the Senate must hold the line against the SPEED Act's evisceration of our bedrock environmental and community protection law."
Allie Rosenbluth, Oil Change International's US campaign manager, stressed that "our senators must stand up against the SPEED Act's attempts to undermine democratic decision-making, pollute our communities, and threaten our collective future."
For a Better Bayou's James Hiatt similarly said that "the SPEED Act protects corporate interests, not the public, and it should be rejected by any senator who claims to stand with the people."
Anthony Karefa Rogers-Wright, co-coordinator of Black Alliance for Peace's Climate, Environment, and Militarism Initiative, warned that the bill "represents yet another assault on the health of frontline, Black, Brown, Indigenous, and poor white communities that have been designated as sacrifice zones by big polluters who bribe lawmakers with big money to continue a culture of extract, slash, burn, and emit at the expense of oppressed and marginalized peoples."
"Rather than speeding up the approval of dirty projects, Congress should increase funding for federal agencies and grassroots organizations accountable to frontline communities to carry out legally defensible and accurate environmental analyses," he continued, pointing to the Environmental Justice for All Act, previously led by the late Democratic Congressmen Raúl Grijalva (Ariz.) and Donald McEachin (Va.).
Mar Zepeda Salazar, legislative director at Climate Justice Alliance, also pointed to that alternative: "The SPEED Act fast-tracks harmful fossil fuel and polluting projects, not the community-led clean energy solutions families and Indigenous peoples across the country have long called for. Instead of pushing the SPEED Act—a bill that would strip away what few legal protections communities still have, weaken safeguards for clean air, land, and water near new industrial development, and sidestep meaningful consultation with federally recognized tribal nations—Congress should be advancing real, community-driven permitting reform."
"Examples include the Environmental Justice for All Act, which lays out meaningful public engagement, strong public health protections, respect for tribal sovereignty and consultation obligations, and serious investments in agencies and staff," she said.
Representatives from the Institute for Policy Studies, Sacred Places Institute for Indigenous Peoples, and Unitarian Universalists for Social Justice also spoke out against what David Watkins, director of government affairs for the Climate and Energy Program at the Union of Concerned Scientists, condemned as "a sizable holiday gift basket for Big Oil and Gas." He, too, urged the Senate to "reject this retrograde legislation and stand up to the deep-pocketed, polluting industries lobbying for it."
Lauren Pagel, policy director at Earthworks, pointed out that passing the SPEED Act wasn't the only way in which the House on Thursday "chose corporate interests over people, Indigenous Peoples' rights, and our environment." It also passed the Mining Regulatory Clarity Act, which "will remove already-scarce protections for natural resources and sacred cultural sites in US mining law."
"Today's House votes are a step backwards for our nation, but we continue to stand firm for the rights of the people and places on the frontlines of oil, gas, and mining," Pagel said. "Communities and ecosystems shouldn't pay the price while corporations rush to profit off extraction—with a helping hand from our elected officials."
Along with those two pieces of legislation, Public Citizen pointed to the House's approval of the Power Plant Reliability Act and Reliable Power Act earlier this week. David Arkush, director of the consumer advocacy group's Climate Program, said that the bills advancing through Congress "under the guise of 'bipartisan permitting reform' are blatant handouts to the fossil fuel and mining industries."
"We need real action to lower energy bills for American families and combat the climate crisis," Arkush asserted, calling on congressional Republicans and President Donald Trump "to fast-track a buildout of renewable energy, storage, and transmission—an approach that would not just make energy more affordable and sustainable, but create US jobs and bolster competitiveness with China, which is rapidly outpacing the US on the energy technologies of the future."
"With the Trump administration, the Republican-led Congress, and right-wing Supreme Court advancing their attacks on bedrock environmental law, Abundance proponents are sounding more like their echo than their opposition."
The much-discussed 'Abundance Agenda' is not the solution its proponents claim it be, according to a devastating report published this week by a pair of progressive watchdogsdraw which argues the policy framework is more of a neoliberal Trojan Horse than anything else.
Journalists Ezra Klein and Derek Thompson's book Abundance, released earlier this year in the first months of President Donald Trump's second term, was described as a "once-in-a-generation, paradigm-shifting call" to change how the US thinks about problems like housing and the environmental impact of infrastructure projects, with the authors calling on the Democratic Party to fight the Trump agenda with "liberalism that builds."
Instead of getting bogged down in debates over wealth and income inequality or harnessing growing outrage over the hold that the superrich have on the US political system, Klein and Thompson advised the party to reach out to voters by pushing to end the "stifling bureaucratic requirements that killed private sector innovation."
Reining in "burdensome government processes" like environmental and tenant safety regulations—not fighting for programs that would benefit everyone in the US regardless of their wealth or income—was the key to securing "abundance for all," said the authors and their supporters in government, such as Reps. Ritchie Torres (D-N.Y.) and Josh Harder (D-Calif.).
But in addition to beginning their book with a "glaring error," said the authors of a new report by the government watchdogs Revolving Door Project (RDP) and Open Markets Institute on Tuesday—asserting that "supply is how much there is of something" without accounting for the fact that private corporations decide how much of a product they want to sell to make a profit—Klein and Thompson ignore the fact that long before they put pen to paper, right-wing politicians and think tanks were already pushing an "abundance" agenda.
"When abundance-supporting politicians are asked about it, Klein's name is often the first word out of their mouth," said Jeff Hauser, executive director of RDP. "But this obscures the powerful coalition of political pundits, politicians, and think tanks that have painstakingly constructed a national movement around 'abundance' for years before the publication of this book. These interested parties have taken on the more detail-oriented work of actually producing policy for abundance, and it is often far more conservative and destructive than implied in Klein and Thompson's superficial tract."
Klein and Thompson rely on a "dishonest or sloppy" interpretation of the National Environmental Policy Act (NEPA), which they equate with a permitting law and claim requires drawn-out environmental impact reviews, to make their argument that approvals for new infrastructure should be less cumbersome, said RDP.
The law requires the government to assess environmental impacts before developers can build major infrastructure, and has been heralded as a bedrock environmental statute—but it had been a target of the fossil fuel industry and the policymakers that do its bidding long before "abundance" proponents took aim at NEPA.
"When abundance-supporting politicians are asked about it, Klein's name is often the first word out of their mouth. But this obscures the powerful coalition of political pundits, politicians, and think tanks that have painstakingly constructed a national movement around 'abundance' for years before the publication of this book."
Proponents of "permitting reform"—a tenet of the abundance movement—claim that NEPA is a barrier to clean energy development, but the report finds that renewable energy projects are typically delayed for other reasons and that NEPA oppenents' frequently cited examples of "four- to ten-year timelines to complete a NEPA analysis are the exception, not the rule," as University of Utah law professor Jamie Pleune found in a 2023 Roosevelt Institute report.
Quoting Pleune, the report—titled Debunking the Abundance Agenda—notes that "most delays in the NEPA process are functional, not regulatory."
Pleune explained that most sources of delay are "insufficient staff, unstable budgets, vague or incomplete permit applications, waiting for information from a permit applicant, or poor coordination among permitting authorities." Such delays, however, "can be addressed without eliminating environmental standards, analytical rigor, or community engagement."
RDP's report recounts efforts by former right-wing Democratic Sen. Joe Manchin of West Virginia to pass permitting reform legislation in 2022-23, as the Biden administration fought to pass the Inflation Reduction Act, in the interest of getting approval of the controversial Mountain Valley Pipeline fast-tracked.
The Fiscal Responsibility Act, which raised the debt limit, expedited the MVP's approval, and codified a number of changes to NEPA—including arbitrary time limits on environmental impact assessments—came out of Manchin's efforts.
NEPA has been credited with protecting crucial wetlands near an industrial facility that was built with with American Recovery and Reinvestment Act funds; providing a process to explain to the public in Stephentown, New York the greenhouse gas savings that could be achieved if the area's new electrical grid shifted away from fossil fuels-based frequency regulation technology; and ensuring soil and groundwater contamination would be remediated ahead of the construction of a senior living facility in Kansas City, Missouri.
But as RDP noted, throughout Manchin's efforts to roll back environmental assessment requirements and pave the way for the MVP, "abundance proponents... criticized progressive skeptics who warned that weakening environmental review procedures would likely benefit the fossil fuel industry most of all."
Klein argued that “stream-lined permitting will do more to accelerate clean energy than it will to encourage the use of fossil fuels,” because "a simpler, swifter path to construction means more for the clean energy side of the ledger."
He claimed that Democratic opponents to right-wing "permitting reform" legislation lacked their own solutions for expediting the construction of clean energy projects—but soon after he made those claims, lawmakers including Reps. Mike Levin (D-Calif.) and
Sean Casten (D-Ill.) introduced a bill "that would expedite the green transition by facilitating quicker construction of interregional transmission lines, incentivizing renewable energy production on public lands and in federal waters, and increasing grid reliability—all while enhancing community engagement and without giveaways to the fossil fuel industry."
As RDP senior researcher and report co-author Kenny Stancil said, "Abundance advocates erroneously blame environmental review for hindering the clean energy transition, for example, but they have little to say about the real causes of delay, including privately owned utilities' profit-driven opposition to building interstate transmission lines, investors' prioritization of short-term oil and gas profits, and interference from fossil fuel-backed politicians."
The RDP report also points to Klein and Thompson's "indiscriminate anti-regulatory ethos" in regards to their arguments about housing supply, which they argue should be increased by reforming land use policy and loosening zoning rules.
"We agree that it’s a good idea to increase housing supply, and that liberalizing zoning rules is necessary in many places (especially in affluent, low-density suburbs, important locations the book ignores almost entirely)," reads the report. "However, abundance advocates seem to lose their way when they begin to veer away from arbitrary restrictions on housing construction... towards regulations that—in their mind—impede housing development. For instance, zoning can keep polluting industrial activities away from residential areas and ensure adequate infrastructural capacity like water, sewers, schools, and hospital beds for a community."
Klein and Thompson claim that requirements for air filtration systems in housing next to highways raise construction costs and contribute to homelessness, and suggest tenant protections could contribute to housing shortages by making "landlordism less profitable."
"In both cases, abundance proponents prioritize aggregate housing supply above all else, spending little time examining the real
world impact of their policy prescriptions," writes RDP. "What percentage of overall construction cost is the addition of a HEPA air filtration system? Will this requirement truly result in increased homelessness? How much? What are the potential long-term health
benefits and financial savings from having these residents breathe cleaner air? Will this requirement begin to alleviate the dire
racial disparities seen in asthma rates? These questions go unanswered in Klein and Thompson's book."
The Abundance authors also support eliminating land-use regulations in disaster-prone areas, even as hurricane and wildfire threats intensify—a policy that would "not only imperil human life, but it will result in post-disaster housing crises and could threaten the stability of crucial financial institutions."
The real estate investors the abundance movement focuses on maximize profits, which do not always correlate with construction output, said RDP—and centering the interests of landlords and developers who aim to cut construction costs distracts from what RDP calls the only solution that would provide affordable housing for all: social housing, or community-owned housing that exists outside of the private real estate market.
The report details how—although Thompson and Klein may identify themselves as liberals—their abundance worldview mirrors that of commentators and policymakers on the right, from the libertarian Niskanen Center to Trump's own appointees.
The stated mission of Trump's National Energy Dominance Council, chaired by Energy Secretary Chris Wright and Interior Secretary Doug Burgum, couches its mission in the language favored by the Abundance authors, calling for "improving the processes for permitting, production, generation, distribution, regulation, and transportation across all forms of American energy"—and has been praised by abundance enthusiasts like author Matt Yglesias.
The administration has also expedited permitting for liquefied natural gas exports while undertaking permitting reforms against clean energy.
"As the report explores, abundance talking points have already been adopted by Trump's energy appointees to justify new fossil fuel projects, while circumventing public participation and transparency in the environmental review process," said Hannah Story Brown, RDP research director and co-author of the report. "With the Trump administration, the Republican-led Congress, and right-wing Supreme Court advancing their attacks on bedrock environmental law, Abundance proponents are sounding more like their echo than their opposition."