Background:

The National Environmental Policy Act requires environmental reviews of major federal actions before a final agency decision. This statute frequently applies to federal permitting decisions on major construction projects, requiring agencies to draft extensive environmental analyses and consider public comment prior to issuing a permit.

Congress passed NEPA with the original intent of ensuring that federal agencies make informed decisions about the environmental impacts of their actions. Unfortunately, over years of litigation and judicial decisions, NEPA has instead become a tool for outside groups to block projects they oppose through excessive delays that can ultimately lead to project cancellations.

Interpretations of NEPA by the federal government have varied among administrations over the years, adding additional uncertainty for permit applicants. Congress has considered bipartisan legislation to address this issue, including passing ABC-supported reforms in the Fiscal Responsibility Act, but a final solution to issues including excessive litigation and extended review timelines has yet to be passed.

Desired Outcome

ABC supports NEPA modernization that creates a coordinated, predictable and transparent method for permitting while continuing to ensure agencies appropriately consider environmental impacts. ABC supports the Trump administration’s recent actions to overhaul NEPA regulations on an agency-by-agency basis and supports Congress coming to a bipartisan agreement on a lasting solution to unnecessary delays for critical infrastructure projects caused by NEPA.