S5E32: Hiding Big Projects in Small Pieces

As promised a few episodes back, Chris explores a sneaky trick developers sometimes try to use to evade legally required environmental analysis of their projects. Segmentation, the term of art for dividing a large project into smaller pieces to obscure the environmental impacts of the whole project, is likely to become more frequent as the Trump administration keeps hacking away at environmental protection laws. Chris provides a handful of illuminating examples: Cadiz gets the Interior Department to assess the company’s Northern Pipeline separately from the pumping it would enable, prompting new desert protection lawsuits. A non-desert example: 14 years ago, frontline community groups successfully challenged an upgrading of Chevron Oil’s refinery on Richmond, California. Though their allegations of segmentation (called “piecemealing” in California state law) didn’t sway a judge, the case illustrates how reasonable people can disagree on what constitutes segmentation.   As the Federal approach to NEPA changes, Chris briefly examines what the erosion of CEQ regulations means for protecting the public and the environment from improperly segmented project proposals. An Imperial County victory: the court overturned a data center’s lot merger approval and required environmental review of the entire development. Fred Bell shares the dawn chorus from Sabino Canyon in Tucson. Apply for DAMN’s Fellowship for Desert Reporting, and support independent desert journalism through a donation to 90 Miles from Needles. Cadiz lawsuit by Tribal Nations, NALC and NPCA, July 28, 2026: identifies plaintiffs and explains their objections to separate pipeline review. Cadiz lawsuit by the Center for Biological Diversity and Sierra Club, July 28, 2026: Earthjustice’s account of the parallel challenge. NPCA and NALC’s 2021 Northern Pipeline lawsuit: background on the earlier approval and litigation. Communities for a Better Environment v. City of Richmond, 2010 appellate opinion: the decision distinguishes the successful project-description and greenhouse-gas claims from the rejected piecemealing claim. Earthjustice on the Richmond refinery appeal: the community groups’ account of the outcome. City of Imperial data center information and court documents: includes the September 9, 2026 decision, tentative decision, petitions and project documents. KPBS coverage of the September 9 data center ruling: accessible explanation of the ruling. Department of Energy history of CEQ regulations: official timeline and links to the rescission rules. January 8, 2026 CEQ final rule: official Federal Register publication. Podcast and support links S5E1: Standing Up to Tech Giants: Desert Locals vs. California’s Largest Data Center Fellowship for Desert Reporting Support 90 Miles from Needles Copper Mountain CollegeBecome a desert defender!: https://90milesfromneedles.com/donateSee omnystudio.com/listener for privacy information.