House Committee on Natural Resources Chairman Bruce Westerman (R-Ark.) criticized the White House Council on Environmental Quality's (CEQ) new National Environmental Policy Act (NEPA) rule, stating, "CEQ is taking an imperfect process and somehow making it worse...This new rule will only serve as another win for our adversaries as the Biden administration continues making it virtually impossible to develop our abundant domestic resources." Westerman expressed concerns that the rule will lead to increased litigation and project delays, hindering progress on crucial new projects.
The CEQ's expansion of power and focus under the Biden administration has shifted its role from overseeing NEPA compliance to implementing the president's environmental agenda. The recently announced phase two NEPA rule introduces new permitting hurdles that will make it significantly harder to build critical projects, ultimately stifling investment and harming American competitiveness. The rule includes considerations such as climate change and environmental justice, which were not part of the original statutes, leading to increased litigation and extended project timelines.
In response to the new rule, Westerman highlighted the importance of following congressional intent and criticized the administration for ignoring provisions from previous legislation that aimed to streamline the permitting process. He mentioned the Fiscal Responsibility Act (FRA) and the Building U.S. Infrastructure through Limited Delays and Efficient Reviews (BUILDER) Act, which contained key provisions to enhance efficiency in the NEPA process. Westerman emphasized that the new CEQ rule deviates from these provisions and undermines the efforts to improve permitting regulations.
The House of Representatives passed the FRA, incorporating elements from the BUILDER Act, to address the challenges in the NEPA process. However, the recent CEQ rule fails to align with the statutory changes and overlooks key provisions that were intended to expedite environmental reviews and decision-making for projects with federal involvement.
The ongoing debate over the NEPA rule reflects broader concerns about the balance between environmental protection and facilitating development. As stakeholders continue to navigate the complexities of the permitting process, the implications of the new rule on future projects remain a point of contention and uncertainty in the regulatory landscape.
