DOE’s Proposal to Exempt Solar, Storage, Transmission from Environmental Review

In November, 2023, the Department of Energy proposed to offer “categorical exclusions” from otherwise required environmental reviews for certain energy storage, solar and rebuilt or upgraded transmission projects on federal land. Under the proposal, eligible projects would not require an environmental assessment or environmental impact statement.

For solar, DOE proposed changing the current categorical exemption by removing a 10-acre limit for solar projects on already-developed land. For batteries, exclusions would apply to battery and flywheel energy storage systems built on or next to already disturbed land. For transmission, DOE proposed removing a 20-mile limit on the length of existing power lines that are eligible for the simplest form of environmental review.

Comments on the proposal are open until January 2, 2024.