WASHINGTON — Congressman Jared Golden (ME-02) today introduced
the Standardizing Permitting and
Expediting Economic Development (SPEED) Act, a bill to modernize the National Environmental Policy Act (NEPA) to
streamline the permitting process and return the law to its intended purpose as
a procedural statute for assessing the environmental impact of federal actions.
Golden is the lead Democratic sponsor of the bill, which was submitted
today by the House Natural Resources Committee Chairman, Republican Bruce
Westerman (AR-04).
“Being a good steward of our environment doesn’t mean we must
tolerate a yearslong permitting process that is onerous, overly complex and
ripe for litigation abuse,” Golden
said. “America must get back into
the business of building. We need modern infrastructure. We need robust power
production that does not discriminate between energy sources. These investments
will create jobs, support our economy, keep prices down and help us maintain
energy independence.”
“A country as advanced as the United States must be nimble
enough to build what we need, when we need it. I’m proud to partner with
Chairman Westerman on reforms that protect our environment while delivering the
investments Americans need today, not years from now,” Golden said.
“America’s model of successful environmental stewardship
alongside strong economic growth is being hobbled by a more than half-century
old permitting process that is overdue for a tune-up. Although
well-intentioned, the National Environmental Policy Act has not kept up with
the times, which is bad for both our environment and our economy,” Westerman said. “With commonsense upgrades, we can cut red tape and enable the United
States to build once again while setting the standard for environmental
stewardship. The SPEED Act will help launch America into a future where we
can effectively innovate and implement to revitalize our infrastructure, meet
skyrocketing energy demands, lead the world in the AI race and work in harmony
with our natural environment. America must lead by setting an example for the
rest of the world on how to steward the environment, strengthen the economy and
create the best place to live and work. The bipartisan SPEED Act is a big step in the right direction. I’d like to thank my colleague
Congressman Golden for co-leading this bill, and I look forward to working with
him to get it signed into law.”
BACKGROUND:
The National Environmental Policy Act (NEPA) is a procedural
statute that established parameters for assessing the environmental impacts of
all major federal actions and created the Council on Environmental Quality. The
procedural requirements in NEPA apply to all major federal actions, including
but not limited to the construction and maintenance of roads, bridges,
highways, ports, irrigation systems, forest management, transmission lines,
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.
Additionally, NEPA has become a tool used by special interest groups to block
critical infrastructure across the country, as it is currently the most
litigated environmental statute.
This litigation is most often initiated not by communities or
individuals, but by national NGOs. According to the Breakthrough Institute, NGOs filed more than 70 percent of all lawsuits filed under
NEPA in recent years. According to the report, litigants lose their
challenges 80 percent of the time. But what they lost in court, they made up
for in delays; Litigation under NEPA added an average of four years to a
project’s timeline. These kinds of delays can kill a project even when the
litigation against it fails.
The SPEED Act
will modernize NEPA to help streamline the permitting process and return the
law to its intended purpose. The bill will shorten permitting timelines and
reduce the frequency of frivolous litigation. This legislation will simplify
the analysis required in NEPA documents, thereby easing the burden on agencies.
The bill will also clarify when NEPA is triggered by clarifying the definition
of “Major Federal Action.” Lastly, the bill will establish judicial review
limitations for NEPA claims, including a 150-day deadline for filing claims, a
new standard of review and the elimination of procedural moves that stop
projects from moving forward.
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