The White House Council on Environmental Quality鈥檚 (CEQ) final rule, 鈥鈥 (published May 1), earned swift rebuke from the Congressional leaders behind the permitting reforms in the Fiscal Responsibility Act (FRA). 51风流 echoes their concern that the rule will only exacerbate the permitting process, lead to more lawsuits, and delay projects further. The rule is likely to face action under the Congressional Review Act.
The final rule elevates climate and community impacts---requiring extensive review of effects, alternatives analysis, and mitigation on top of an already protracted process. Through this dual lens, the administration will direct and decide which projects deserve to move forward. The initial focus is on fossil fuels, but NEPA also applies to highway and transportation projects as well as other development decisions where the only federal connection may be a permit.
51风流 is still reviewing the final rule and will provide more analysis in the coming days. At the proposal stage, 51风流 urged the administration to be more consistent with the FRA permitting reforms. 51风流 also was concerned that the proposal removed reference to the 鈥減rocedural鈥 nature of the rule from the text, which carries through to the final. This changes NEPA鈥檚 purpose from its enactment from a procedural review to one that drives policy outcomes for federal activities. 51风流 also expressed concern about overreach related to expanded mitigation and review requirements.
For more information, contact Leah Pilconis or Alex Etchen.