House Natural Resources chair introduces permitting overhaul


Westerman in April 2024. Photo: Bill Clark/CQ-Roll Call, Inc via Getty Images
House Natural Resources Chair Bruce Westerman is taking another stab at a permitting overhaul — this time with a Democratic co-sponsor.
Why it matters: The legislation, the SPEED Act, was introduced Friday and sets the stage for permitting talks this fall.
- The bill with Rep. Jared Golden — one of the House's most conservative Democrats — represents a GOP attempt to build consensus for environmental reviews that remain unpopular with many Democrats.
- Democrats widely panned Westerman's draft bill when it was brought up for a hearing last September.
What's inside: The bill is largely aligned with what Westerman pursued last year.
- It would establish a 150-day deadline for filing National Environmental Policy Act legal claims — slightly longer than last year's 120-day deadline — as well as new standard of review and the elimination of procedural moves that stop projects from moving forward.
- The bill would also clarify, as Westerman proposed last year, that receiving federal funding wouldn't solely be enough to trigger a NEPA review.
- And it would simplify the analysis required in NEPA documents, aiming to ease the burden on agencies.
The big picture: Westerman and some Democrats have argued that NEPA, which guides federal environmental reviews, has unreasonably delayed infrastructure projects and opened the door to frivolous lawsuits.
- "NEPA has mutated into a significant roadblock carrying out the infrastructure and energy projects essential to America's energy and national security needs," Westerman said during an oversight hearing earlier this week.
- The bill would require courts to invalidate a final agency action only if the court finds the agency abused its "substantial discretion" complying with NEPA, and if the agency would have reached a different result on without that abuse.
Golden, in a joint news release with Westerman, said the bill would initiate changes that protect our environment while "delivering the investments Americans need today, not years from now."
Yes, but: Democrats largely oppose changing NEPA and are still fuming over the GOP reconciliation law that slashed tax credits for wind and solar.
- But Rep. Scott Peters — an Energy and Commerce member who has worked with Westerman on a permitting deal — is seeking to persuade enough of his fellow Democrats to support a permitting measure.
- The Senate also has shown little sign of consensus as the parties kick off permitting talks amid rising demand for electricity.
- Ashley Nunes, a public lands policy specialist at the Center for Biological Diversity, said of Westerman's bill: "It doesn't go so far as to kill NEPA, but would certainly put it in a vegetative state."
Editor's note: This story has been updated with comments from the Center for Biological Diversity.