Newhouse Praises Final Rule to Modernize Burdensome NEPA Regulations

WASHINGTON, D.C. – Today, Rep. Dan Newhouse (R-WA) issued the following statement after President Trump and the Council on Environmental Quality (CEQ) announced the final rule to comprehensively update and modernize National Environmental Policy Act (NEPA) regulations for the first time in over 40 years:

"Overregulation and unnecessary permitting delays have had negative impacts on our communities for decades, especially in rural areas," said Rep. Newhouse. "NEPA in its current form exemplifies ‘bureaucratic red tape' – with evaluations taking up to 6 years to complete. Our constituents cannot afford these delays when trying to renew, maintain, or develop critical infrastructure projects across the country. Earlier this year, Republican Whip Scalise and I led 130 Members of Congress in a letter to support CEQ's efforts to modernize NEPA, and I am glad to see the Administration following through on this regulatory relief. This rule will finally allow for a streamlined permitting approach, encourage environmental stewardship, and incentivize investment in our rural communities across the West and beyond."

NEPA regulations control how the federal government processes environmental permits, but it has often been used to block and delay important infrastructure projects. The new regulations will modernize, simplify, and accelerate the environmental review process necessary to build a wide range of projects in the United States, including roads, bridges, and highways. The rule will also provide needed certainty for project sponsors and will facilitate the rebuilding of America. Click here for the text of the final rule.

The letter referenced by Rep. Newhouse was sent on March 4, 2020, as a joint House Energy Action Team (HEAT) and Congressional Western Caucus effort to encourage and support the Trump Administration's efforts to streamline and modernize NEPA in order to encourage environmental stewardship while eliminating the negative effects of permitting delays for critical infrastructure projects in communities across the United States.

"Today's action by the Trump Administration to modernize the NEPA regulations will cut down on outdated, bureaucratic red-tape obstructing critical national and local infrastructure projects," said Whip Scalise. "Energy infrastructure, coastal restoration, and flood protection projects in Louisiana and across the country have long been delayed by a NEPA process that has become overly complex and burdensome. Instead of years-long reviews that produce 600+ page documents, these updated regulations will be more effective and will lead to simpler environmental reviews and more shovels in the ground on projects that will benefit Americans' everyday lives. I applaud President Trump for his efforts to streamline and modernize NEPA regulations to promote economic growth and eliminate the unnecessary red tape that slows down critical infrastructure projects, all while continuing to protect our environment."

Additionally, NEPA modernization is supported by American industries in order to incentivize investment in modern, efficient infrastructure and create middle-class sustaining jobs while advancing good environmental leadership. The Unlock American Investment Coalition, comprised of 50 trade associations and organized by the U.S. Chamber of Commerce, is strongly supportive of the Administration's action on NEPA.

"It should not take longer for a project to get permitted than it does for it to be constructed, but unfortunately that is often the case in the United States today. After two decades of discussion about the need for reform, spanning multiple Administrations, we're thankful that the Trump Administration has made this issue a priority and taken thoughtful action," said Tom Donohue, CEO of the U.S. Chamber. "…Make no mistake: NEPA is vital to protecting our environment. The Chamber wholeheartedly supports a thorough environmental review process for projects. This NEPA update does not change existing environmental laws, and it maintains public input opportunities that are so important. Instead, these updates return NEPA back to its original intent-- a timely and focused review of environmental impacts-- rather than a tool to delay projects for years and even decades, which is what it had become." Click here to see the full statement.

Background:

In January 2020, the Council on Environmental Quality (CEQ) issued a Notice of Proposed Rulemaking to modernize and clarify the regulations of NEPA to facilitate a more efficient, effective, and timely NEPA review process. CEQ has not comprehensively updated its regulations since their promulgation in 1978, more than four decades ago.

Since NEPA's enactment, implementation has become complex and time consuming for Federal agencies and Americans seeking permits or approvals from the Federal government. The complexity of the regulations has given rise to CEQ's issuance of more than 30 guidance documents to assist Federal agencies in understanding and complying with NEPA. Additionally, Presidents on a bipartisan basis have issued directives, and Congress has enacted legislation to reduce delays and expedite the implementation of NEPA and the CEQ regulations, including for transportation, water, and other types of infrastructure projects. Despite these efforts, the average length of an environmental impact statement is over 600 pages, and that the average time for Federal agencies to complete such NEPA reviews is four and a half years. CEQ has found that NEPA reviews for highway projects take more than seven years, and in some cases take a decade or more. NEPA is also the most litigated area of environmental law. Delays due to lengthy reviews and lawsuits increase costs for project applicants, States, Tribes, localities, and taxpayers.

CEQ's final rule will modernize the NEPA regulations to facilitate more efficient, effective, and timely environmental reviews by simplifying and clarifying regulatory requirements, incorporating key elements of President Trump's One Federal Decision policy, including a two-year goal for completing environmental reviews. The final rule codifies Supreme Court and other case law, updates the regulations to reflect current technologies and agency practices, eliminates obsolete provisions, and improves the format and readability of the regulations. The rule also exempts certain loan guarantee programs from the NEPA process, which will reduce unnecessary burdens on small businesses and family farms. Additionally, the rule will expand public participation and the involvement of Tribal governments in the NEPA process. The modernized NEPA regulations will accelerate the environmental review and permitting process for development of modern, resilient infrastructure, management of our Federal lands and waters, and restoration of our environment.

For further information on the final rule, including a timeline-related to the development of the final rule, visit CEQ's NEPA Modernization page.