Today, the Council on Environmental Quality issued a proposed rule to modernize the federal environmental review process. Under the proposal, environmental reviews would routinely be completed in two years. If finalized, the proposed rule would comprehensively update the National Environmental Policy Act regulations, which were issued over 40 years ago.
Although many Americans may not be familiar with NEPA, it affects their daily lives. It requires federal agencies to consider the potential environmental consequences of certain proposed actions, such as issuing federal permits or other approvals or providing funding for infrastructure, land management activities, and environmental restoration projects.
The NEPA process can be extremely lengthy and complex. For major federal actions likely to have a significant effect on the environment, agencies must prepare an environmental impact statement, which on average takes four and a half years to complete and can take much longer for some projects.
For example, it took over five and a half years to complete the NEPA environmental review process for the Potomac Yard Metrorail Station, delaying major benefits to the community and the region. The groundbreaking ceremony for the station in Alexandria, Virginia, was held only last month. The project is expected to reduce millions of hours of commuter delays (allowing us all to get home faster), generate billions of dollars in private-sector investment, and create jobs.
More lawsuits have been brought under NEPA than under any other environmental statute. Delays in reviews and decision-making can hold back the American economy. Such delays slow the development of critical infrastructure, including roads, bridges, highways, water infrastructure, transmission lines, and conventional and renewable energy projects, and they deter future investment in projects that would enhance the quality of life for states, tribes, and communities across the country.
As the number of environmental statutes has grown over the past 50 years, the NEPA process has become more complex. Presidents George W. Bush and Barack Obama both issued executive orders and presidential memoranda to improve the effectiveness and efficiency of environmental reviews, and over the past two decades, Congress has enacted a number of statutes aimed at improving the implementation of NEPA. Despite these efforts, environmental review delays continue to hold back the development of important infrastructure projects.
President Trump strongly supports a timely and effective process to advance the development of modern, resilient infrastructure while ensuring environmental protection. In 2017, Trump established the One Federal Decision policy and a two-year goal for completing environmental reviews of major infrastructure projects. In addition, Trump directed the Council on Environmental Quality to consider updates to its NEPA regulations. The Council on Environmental Quality is proposing changes that would modernize, simplify, and accelerate the NEPA process in order to promote public involvement, increase transparency, and enhance the participation of states, tribes, and localities. These changes would also reduce unnecessary burdens and delays and would make important clarifications to improve the decision-making process.
The proposed rule would codify important aspects of the One Federal Decision policy, including establishing a common-sense, two-year presumptive time limit for completing an environmental impact statement. It would also improve agency coordination through the lead agency developing a joint permitting schedule, preparing a single environmental impact statement and joint record of decision, and outlining procedures to elevate and resolve disputes that could lead to delays.
Additionally, proposed provisions would help determine the appropriate level of NEPA review: It would ensure the timely submission of relevant information and facilitate the use of existing state, tribal, and local studies, analyses, and environmental documents. The proposal would also set presumptive page limits, clarify terms, codify longstanding case law, and clarify the meaning of the regulations where there is a lack of uniformity in judicial interpretation. Nothing in the proposed rule changes the duty to comply with environmental laws protecting our air, water, land, and wildlife.
Responsive and accountable government, improved coordination, and clearer, more informative documents will promote consideration of environmental concerns relating to federal decisions. We should strive to ensure that our environmental laws reflect the realities of the 21st century and are implemented in a timely, efficient, and effective manner for the benefit of the American people. From modernized roads, highways, bridges, and water infrastructure to environmental restoration projects and land, forest, and fishery management activities, a modern and efficient NEPA process will improve the quality of life for current and future generations of Americans.
Mary B. Neumayr is the chairman of the Council on Environmental Quality, a division of the Executive Office of the President.
