In July 2023, the White House Council on Environmental Quality proposed extensive changes to its National Environmental Policy Act regulations that provide direction to all federal agencies on how to conduct environmental reviews for a wide range of infrastructure projects and activities that require federal permits, right-of-way authorizations, and other approvals or utilize federal financial assistance.
NRECA urged CEQ to withdraw the proposed rule and revise and reissue a proposal before proceeding. NRECA's comments pointed out the following issues:
Congress amended NEPA to focus and accelerate the federal permitting process for all types of projects.
The proposal is not fully consistent with the letter or intent of NEPA as amended by the Fiscal Responsibility Act and adds new burdensome requirements while increasing complexity which will inject new uncertainty into the process.
NEPA is a procedural statute that does not mandate particular results or that agencies elevate environmental concerns above other appropriate considerations.
Elevating certain environmental consideration—climate change and environmental justice—above others is inconsistent with NEPA's objective, project-specific approach.
NEPA does not provide authority for CEQ or other agencies to require mitigation.
Layering on additional requirements for categorical exclusions, the lowest level of NEPA review, will make their use less efficient and more burdensome for projects that do not have significant environmental effects.
Expanding the scope of NEPA reviews by requiring consideration of factors beyond the scope of the action is inconsistent with NEPA as amended by the FRA.
The proposal will prolong and complicate federal environmental reviews and increase litigation risk for essential electric infrastructure projects, which jeopardizes affordable, reliable, and safe electricity.
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