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ARTICLE · 29 NOVEMBER 2023

DOE Proposes Rule For More Efficient Environmental Review Of Clean Energy Projects

Perkins Coie LLP
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The U.S. Department of Energy (DOE) proposed to amend its National Environmental Policy Act (NEPA) procedures on November 16, 2023, to include a new categorical exclusion for certain energy storage...

United StatesEnvironment
Edward Boling
Edward Boling
Laura Smith Morton
Laura Smith Morton
Megan McLean
Megan McLean

The U.S. Department of Energy (DOE) proposed to amend its National Environmental Policy Act (NEPA) procedures on November 16, 2023, to include a new categorical exclusion for certain energy storage systems and to expand its categorical exclusions for certain transmission lines and solar photovoltaic systems. The general purpose of DOE's proposal is to accelerate the deployment of clean infrastructure in the United States.1

Role of Categorical Exclusions in Clean Energy Transition

The Biden administration has set a goal of reaching 100% clean electricity by 2035 in the power sector. The Infrastructure Investment and Jobs Act and the Inflation Reduction Act include funding for DOE programs designed to drive strategic investment in critical electric infrastructure to make the U.S. power grid more resilient to the impacts of climate change and increase access to affordable and reliable clean energy.2 One critical means of accelerating infrastructure delivery and

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