In November, ASL reported on H.R. 4776, the Standardizing Permitting and Expediting Economic Development (SPEED Act) that amended the National Environmental Policy Act (NEPA) process to streamline environmental permitting for infrastructure projects. The week before Christmas, the U.S. House of Representatives passed the SPEED Act with a bipartisan vote of 221-196. Next, it must pass the Senate.
Rep. Harriet Hageman (R-WY) stated: “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.”
U.S. House Natural Resources Committee Chairman Bruce Westerman (R-AR) said: “The SPEED Act is a commitment to empowering our local leaders, supporting our rural economy, and ensuring that communities …aren’t left waiting for infrastructure that should have been built years ago…improving road conditions for farmers hauling equipment and goods to market.
One of the most important amendments to the bill shrinks the statute of limitations to file a lawsuit under NEPA from 6 years to 150 days and clarifies who has standing to challenge an agency action.
The SPEED Act builds off this clarification by the Supreme Court 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.
Landowners and producers will benefit from the NEPA update by seeing projects gain environmental clearance faster, removing the ability of environmental activists to obstruct the process, and limiting the scope of impacts that must be considered.
