Despite approving several reforms earlier this summer, members of Congress are considering additional reforms to the federal permitting process, that would impact the National Environmental Policy Act (NEPA). During the debate to increase the debt ceiling President Biden and House Republicans agreed to several reforms to NEPA including expanding the use of categorical exclusions, and setting arbitrary page and time limits in environmental reviews. The Biden administration released a proposal implementing the NEPA changes agreed to in June, while also rolling back changes from the previous administration around the consideration of "cumulative" environmental impacts of projects, like climate change and affects on communities. House Republicans have criticized the Administration's implementation of these NEPA changes saying they undermine the agreements made as part of the debt ceiling negotiations.
Additionally, last week, the Senate Energy and Natural Resources Committee held a hearing aimed at possible reforms to permitting for electric transmission lines, pipelines, and energy production on federal lands. A key focus of the hearing were additional changes to NEPA that would weaken judicial review.
The National Historic Preservation Act (NHPA) and NEPA provide fundamental protections for historic, cultural, and natural resources. Preservation Action opposes reforms that aim weaken or exempt projects from these landmark protections. Their remains bipartisan interest in further reforms to the federal permitting process. Preservation Action will continue to monitor these proposals and look for opportunities to weigh in.
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