The America First Policy Institute (AFPI) has filed comments opposing the Biden Administration's proposed revisions to the National Environmental Policy Act (NEPA) Implementing Regulations. The AFPI alleges that the proposal, known as the "Phase 2 Proposal," would roll back important reforms made in the past and add further complexity and delays to the federal permitting process.
In a detailed letter addressed to Amy B. Coyle, Deputy General Counsel of the Council on Environmental Quality (CEQ), the AFPI outlined their concerns regarding the proposed changes. NEPA regulations, which assess every major federal action, have historically been a significant bottleneck in the permitting process, causing delays in infrastructure projects and economic setbacks.
The Trump Administration initiated the first comprehensive modernizing reforms to NEPA regulations in four decades in 2020. However, the AFPI claims that the Biden Administration's recent proposal aims to overturn these reforms. The institute argues that despite recent bipartisan congressional efforts to simplify the permitting process, the new Phase 2 Proposal further complicates the NEPA process.
The letter points out that the piecemeal reversal of the 2020 reforms could not only be damaging but also potentially unlawful. It criticizes the proposal for not aligning with the mandates set by the Fiscal Responsibility Act (FRA). The AFPI also highlights that the proposal muddies the purpose of the NEPA analysis, potentially increasing litigation risks for projects. Additionally, the proposal's approach to climate change and environmental justice could place unnecessary burdens on essential infrastructure projects. The letter also raises concerns about certain definitions in the proposal, such as "reasonably foreseeable," which do not align with prevailing case law or the intentions of Congress. Finally, the carveouts in the proposal for projects favored by the Biden Administration evoke both policy and legal apprehensions.
The AFPI, a non-partisan research institute, emphasizes the importance of a transparent, efficient, and predictable permitting process for the growth and prosperity of America. The institute's core focus is on policies that prioritize the American people, and they believe that the current Phase 2 Proposal threatens the nation's ability to build and prosper effectively.
