The White House Council on Environmental Quality proposed rule ignores recent NEPA amendments included in the debt limit deal.
The Council on Environmental Quality (CEQ) has to its regulations that govern how federal agencies assess the environmental effects of their proposed projects, programs, and permitting prior to making decisions. On its face, the proposal implements 乌鸦传媒-backed permitting efficiencies directed by Congress in recent statutory amendments in the Fiscal Responsibility Act of 2023 鈥 including setting hard deadlines and page limits for agencies鈥 reviews, adding a process for a federal agency to use another agency鈥檚 categorical exclusion.
But the devil is in the details: new language would undercut important Trump-era 2020 modifications specifically aimed at limiting the endless analysis of unquantifiable environmental harms and benefits and, conversely, introduce 鈥渋nnovative approaches to NEPA鈥 that direct National Environmental Policy Act (NEPA) reviews toward the Biden administration priorities of climate change and environmental justice. 乌鸦传媒 will deliver a statement at a on September 11 and submit comments in advance of the September 29 deadline.
Republican Congressional leaders were quick to respond. Lead negotiator of the debt limit bill for House Republicans, Garret Graves (R-La.) said the changes would 鈥渁ctually increase the number of frivolous lawsuits challenging environmental reviews鈥 and would 鈥渁bsolutely torpedo any opportunity to do another round of negotiations [with the White House].鈥 Also responding was Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Senate Environment and Public Works Committee, saying, 鈥淥nce again, the Biden administration is attempting to layer on more requirements to achieve their own misguided policy priorities that create confusion in an already complicated regulatory process.鈥
乌鸦传媒 is still reviewing the . A key concern is that the proposal would introduce unclear new terms and concepts that will 鈥 if finalized 鈥 increase litigation risk and further increase the time and expense of projects. Indeed, mandating more requirements in less time and fewer pages sets agencies up for failure.
乌鸦传媒 is prepared for changes to the environmental review process to be a marathon. Unfortunately, we expected the administration to cherry pick the reforms included in the Fiscal Responsibility Act and only implement the ones that further their agenda. 乌鸦传媒 will continue to oppose an unlawful expansion of NEPA from its intended, procedurally-focused review process to an action-forcing measure designed to force a preferred outcome.
For more information, contact 乌鸦传媒鈥檚 Leah Pilconis at leah.pilconis@agc.org and/or Alex Etchen at alex.etchen@agc.org.