WASHINGTON, D.C. – Last night, the House of Representatives passed Congressman Rudy Yakym (R-IN-02) and Congressman Jimmy Panetta’s (D-CA-19) bipartisan Studying NEPA’s Impact on Projects Act (H.R. 573). This legislation enhances transparency of the National Environmental Policy Act of 1969 (NEPA) process by directing the Council on Environmental Quality (CEQ) to publish an annual report detailing NEPA reviews, timelines, and outcomes, giving policymakers a clearer understanding of delays and impacts.
“NEPA was meant to inform decisions, not stop them,” Rep. Yakym said. “For too long it has buried critical housing, infrastructure, and energy projects in unnecessary paperwork and litigation. With the passage of our bipartisan Studying NEPA’s Impact on Projects Act, we will finally have clear and consistent reporting on delays, lawsuits, and costs. This transparency gives Congress the tools it needs to advance meaningful permitting reform. It is a win for American workers, our economy, and our ability to compete with China. I am grateful to Chairman Westerman and Congressman Panetta for their partnership in getting this done.”
“The current federal permitting process for new housing, infrastructure, energy projects, and more can be unnecessarily long and confusing,” Rep. Panetta said. “It’s understandable and appreciated to see the House pass this type of commonsense legislation that takes a practical approach to ultimately improve the Council on Environmental Quality’s permitting process to be more efficient and effective without giving up on our environmental values. We should always work together to cut through bureaucratic red tape and help solve the challenges of climate change and increase affordable housing.”
“The Studying NEPA’s Impact on Projects Act takes a meaningful step toward bringing clarity and accountability to the permitting process nationwide,” Rep. Bruce Westerman, Chairman of the Natural Resources Committee said.
“This legislation requires the administration to publish data on NEPA delays and litigation, which will allow policymakers to identify and address bottlenecks that will support the timely completion of critical infrastructure projects. I commend Representative Yakym for championing this bipartisan transparency measure and I’m glad to see it pass the House of Representatives.”
Watch Rep. Yakym and Rep. Panetta discuss the bill following its passage here.
Watch Rep. Yakym’s floor remarks in support of the bill here.
Background:
The National Environmental Policy Act (NEPA) is a well-known tactic employed to bog down infrastructure, housing, energy, and other projects in red tape and litigation. Congress has taken steps toward permitting reform, but there are some commonsense measures we can still take to promote NEPA transparency and ensure that these reforms are working.
The White House Council on Environmental Quality (CEQ) has in the past published reports regarding NEPA litigation, paperwork burden, and length of time. However, they have either been ad hoc in nature or fallen by the wayside over time.
Bill Summary: H.R. 573, The Studying NEPA’s Impact on Projects Act would revive these reports and combine them into a single annual report as well as track other important data to better understand NEPA’s paperwork burden across the U.S. economy. These reports include:
The annual Litigation Survey, published until 2013, which examines and reports data on NEPA litigation.
A report, published in 2019 and 2020, that examines the average and median Environmental Assessment (EA) and Environmental Impact Statement (EIS) page length; the number of draft and final EIS published; a description of trends over the previous five-years; and the costs to prepare these documents.
A report, published in 2018 and 2020, that examines the average length of time it takes for a project to navigate the NEPA process, with a description of trends over the previous ten-years.
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