The Texas Public Policy Foundation (TPPF) and The American Stewards of Liberty (ASL) have filed a comment opposing the Biden Administration's proposed changes to the National Environmental Policy Act (NEPA). The proposed rule, according to TPPF and ASL, disproportionately emphasizes climate change considerations and raises concerns about its legal and scientific soundness.
In a comment letter dated September 29, 2023, addressed to the Council on Environmental Quality, TPPF and ASL expressed their concerns regarding the proposed NEPA revisions. They argued for the need for reform to prevent unnecessary delays and litigation risks to crucial elements of the Texas economy. They also stated that the changes set forth in the Proposed Rule represent a significant overreach.
One of the primary objections raised by TPPF and ASL is the disproportionate emphasis on climate change considerations within the NEPA process. They pointed out the lack of scientific consensus on the impact of human activities on climate change and its long-term consequences. The proposed rule mandates the consideration of climate change projections on individual projects, which TPPF and ASL argue is not feasible given the current state of science. They fear that relying on speculative information could undermine the utility of NEPA for informed decision-making.
TPPF and ASL also expressed concerns about the legal and scientific soundness of certain provisions in the Proposed Rule. They emphasized the need for specific standards and guidelines for innovative approaches to NEPA compliance to ensure efficiency and prevent unnecessary delays. The organizations also raised issues related to incomplete or unavailable information, which may increase the cost and time of NEPA reviews and risk the reliance on unreliable data.
Furthermore, TPPF and ASL urged the Council to reconsider its proposed Endangered Species Act habitat intensity factor, which they argue is duplicative and could create regulatory uncertainty.
In their comment, TPPF and ASL stated, "Much like other regulations and policies proposed and promulgated under the Biden Administration, the changes to NEPA regulations set forth in the Proposed Rule are a significant overreach, will create new burdens for the regulated community, and will not further the goals of NEPA itself."
The comment filed by TPPF and ASL highlights their concerns about the proposed changes to NEPA and their belief that the revisions are excessive and may hinder economic growth in Texas. The organizations emphasize the need for reform that balances environmental considerations with the practicalities of economic development.
