Today, the House Committee on Natural Resources held a full committee oversight hearing on issues related to the National Environmental Policy Act (NEPA) and potential reforms to streamline the federal permitting process. House Committee on Natural Resources Chairman Bruce Westerman (R-Ark.) issued the following statement in response:

"America's permitting process is broken. Although our environmental laws were well-intentioned, they have evolved into a litigious tool that hinders critical projects essential to our economic competitiveness, energy security and national security. Without reform, America will continue to be hamstrung by our own red tape and cede our advantages to our adversaries. Today's hearing takes a critical step forward in examining the flaws in the existing permitting process, brings solutions forward and puts us one step closer to long overdue permitting reform."

Background

NEPA is a procedural statute that established parameters for assessing and publicly disclosing the environmental impact of all major federal actions and created the Council on Environmental Quality (CEQ). The procedural requirements in NEPA apply to all major federal actions, which can include, but are not limited to, the construction of critical infrastructure such as roads, bridges, highways, ports, irrigation systems, transmission lines, conventional and renewable energy projects, broadband and water infrastructure.

While well-intentioned, NEPA has evolved into a cumbersome and lengthy process that has increased costs and permitting timelines for a wide range of projects, from transportation and infrastructure to forestry and energy development.

NEPA is the most frequently litigated environmental statute, with NEPA-related litigation on environmental impact statements taking an average of 4.2 years to resolve. Between 2013 and 2022, circuit courts heard approximately 39 NEPA appeals cases per year, a 56% increase over the rate from 2001-2015.

While Congress was able to secure moderate NEPA reforms last Congress in the Fiscal Responsibility Act, and recent actions by the Trump administration will help in restoring sanity to the NEPA process, more must be done. Now, lawmakers must act to provide developers and federal agencies with certainty. By streamlining the permitting process, Congress can ensure vital projects for America's energy security, national security and infrastructure will move forward quickly and responsibly.