House Passes Bipartisan Permitting Reform Bill

Washington, D.C. - Today, Congresswoman Harriet Hageman (R-WY) voted in favor of the Standardizing Permitting and Expediting Economic Development (SPEED) Act, which modernizes the National Environmental Policy Act (NEPA).

"In May, the Supreme Court clarified that NEPA is a purely procedural statute after decades of frivolous NGO litigation and judicial activism. While other nations are building out modern infrastructure, increasing energy generation, and pushing to win the AI race, America is stuck in the 20th century. The modernization of NEPA through the SPEED Act adheres to the purely procedural nature of NEPA, requires project specific focus, and provides reasonable judicial review that will provide the certainty needed for a functioning U.S. permitting system. I urge the Senate to quickly take up and send this crucial legislation to President Trump's desk," stated Rep. Hageman.

Background:

NEPA is a procedural statute that established parameters for assessing and disclosing the environmental impact of all major federal actions. However, decades of environmental activism from NGOs and courts morphed our national permitting system to either prevent projects entirely, or to add years and millions of dollars in costs before their completion. The Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County, COreaffirmed the procedural nature of the law and corrected decades of its misapplication.

The SPEED Act builds off this judicial relief to modernize NEPA by:

• Explicitly stating that NEPA is a procedural statute which does not mandate specific outcomes
• Refocuses the scope of review for environmental analysis only on effects that are proximately caused by the project itself and may not include effects that are speculative or separate in place and time
• Clarifies the major federal action definition to reduce the number of projects requiring NEPA review
• Balances the need for a swift, efficient permitting system with early, meaningful consultation with state, local, and tribal partners
• Implements much needed judicial review reforms to limit frivolous litigation, such as:
  • Clarifies that courts may not substitute their judgement on environmental effects for that of the agencies
  • Removes the ability of courts to vacate or enjoin agency NEPA action

  • Shrinks the statute of limitation to file a lawsuit under NEPA from 6 years to 150 days and clarifies who has standing to challenge an agency action

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