Baton Rouge Reporter

U.S. Congressman Garret Graves (South Louisiana) and U.S. Senators Joe Manchin (West Virginia) and Dan Sullivan (Alaska) introduced a bipartisan, bicameral Congressional Review Act (CRA) today to overturn the Biden Administration’s new environmental review process.

“Instead of implementing the law as stated and taking one step forward, the Biden White House has chosen to roll back consequential progress in permitting reform and take us two steps backwards. The NEPA Phase II rule actively undermines the bipartisan consensus that the President signed into law just a year ago and adds complexity and uncertainty outside the direction of Congress,” said Congressman Graves. “We can’t let this rule derail our efforts, and I’m committed to righting this wrong with Senators Manchin and Sullivan. Current regulations don’t work for the environment, and they don’t work for the people – we see more missed opportunities and inflated costs on projects every day. We need to ensure that our nation’s economic development and community needs can progress in a timely and responsible way.”

“Our broken permitting processes have caused years-long delays and cancellations of all kinds of energy projects. Congress worked in good faith with the Administration and passed legislation to set deadlines and ease some of the procedural delays in the Fiscal Responsibility Act. Unfortunately, this Administration’s expanded NEPA rule goes well beyond what was agreed to and undermines that deal by encouraging agencies to run right up to the deadline and empowering activists to hold up projects in litigation. We must get back to building things, but this rule creates roadblocks that will hold us back. I am proud to work with my friends, Senator Sullivan and Representative Graves, to undo this overreaching rule that undermines the will of Congress,” stated U.S. Senate Committee on Energy and Natural Resources Chair Joe Manchin.

“The Biden administration's final NEPA Phase II rule runs roughshod over the bipartisan, bicameral consensus on streamlining federal permits for vital infrastructure and energy projects that our country desperately needs. If allowed to stand, this rule will bog down projects with red tape, make them harder to build, put hard-working Americans out of work, and waste taxpayer dollars. My colleagues and I are putting forward a CRA to rescind the Biden administration’s ‘death by delay’ regulatory strategy, ensuring we can deliver bridges, roads, pipelines, tunnels, ports, runways, and energy projects as expected by Americans," said U.S. Senator Dan Sullivan.

“CEQ has repeatedly abused its authority and disregarded the will of Congress in an attempt to advance a radical Green New Deal agenda. This new NEPA rule is part of a longstanding pattern from Biden administration officials which will merely open floodgates for frivolous litigation leading to increased delays,” commented U.S. House Natural Resources Committee Chair Bruce Westerman (Arkansas). “These policy failures cede control of global resources critical minerals to our adversaries by making it more difficult for Americans to access our abundant domestic energy here at home.”

Background:

In 2018, Graves introduced the Building U.S. Infrastructure through Limited Delays & Efficient Reviews (BUILDER) Act aimed at modernizing NEPA for expedited infrastructure project reviews enhancing efficiency while reducing costs—partially included in H.R 1—the Lower Energy Costs Act passed on March 30th 2023; sections also featured within H.R 3746—the Fiscal Responsibility Act signed into law June 3rd 2023 by President Biden.

On April 30th 2024 CEQ announced final NEPA rules violating prior bipartisan agreements from Fiscal Responsibility Act after Brenda Mallory admitted intentional deviations from legislative intent under questioning from Graves.