By Blake Jackson
A new budget bill passed by the U.S. House proposes major changes to environmental permitting laws under the National Environmental Policy Act (NEPA), aiming to streamline review timelines for large infrastructure and development projects. The bill is currently under consideration in the Senate.
NEPA requires thorough environmental reviews for projects that could significantly affect the environment. These include both government and private developments needing federal permits.
The proposed changes would introduce an expedited review option, available for a 25% fee above regular costs.
Thomas Hochman, director of infrastructure policy at the Foundation for American Innovation, supports the move, noting its potential to reduce legal delays.
There are quotes from folks like an outgoing EPA General Counsel, who say 90% of the details in a NEPA review are purely there for litigation-proofing the document,” Hochman pointed out.
The bill would limit some litigation risks, which could reduce review content and speed up project approval. Hochman believes this change could drastically shorten project timelines, which often stretch over years due to legal challenges.
Historically, reforms to NEPA have seen bipartisan interest but have not passed the Senate. This is the first time such a reform has been attempted through the budget reconciliation process.
An example of past delays is the Cardinal-Hickory Creek transmission line, which took over a decade to develop due to lawsuits.
Although the bill could shorten the process, experts caution it may leave projects vulnerable to shifting political priorities.
Hochman explained, “Maybe a Republican administration drags their feet and puts out a really high cost for a wind project… Maybe a Democratic administration does the same for a pipeline.”
Importantly, projects may still face lawsuits under other environmental laws, such as the Clean Air and Clean Water Acts.
Photo Credit: gettyimages-frankvandenbergh
Categories: Wisconsin, Government & Policy