[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},"mediaId",6160549,"mediaKeyId","5450272-e1171b4d31f01ce3663a13db3357dfa8","parentId",5450272,"title","House Natural Resources hearing splits over NEPA reform as members and witnesses debate speed versus safeguards","audioSeconds",13646,"startMs",1628000,"endMs",15274000,"viewUrl","/Search/View?dp=1&key=5450272-e1171b4d31f01ce3663a13db3357dfa8&start=1628&end=15274","thumbnailUrl","https://assets.pipeline.soar.com/5450272-e1171b4d31f01ce3663a13db3357dfa8/thumbnail_1628000.jpg","articleUrl","/articles/6160549/House-Natural-Resources-hearing-splits-over-NEPA-reform-as-members-and-witnesses-debate-speed-versus-safeguards","mediaUrl","https://secure.pipeline.soar.com/6160549-d0ba3ccbc4f7d0f2327e01ed7b55af8f/orig.mp4?Expires=1775092176&Signature=PucNZEK81MMLe5tzwbczRbA~0AA7rKRLSeH7WV-QZk8b3MyQOZyaXB2mgARYWGOsp7Gxkk8G5Ziw-CkzHemFOcEX3tWZ3SQ0gVXwnrdIqMaOipWxJDS-xajSXO21FfkkhFELJRuVL6MGssvWhFn3QpVH0qssIA64KhfXNMGnkK6q-K2KS6SPjQz5q7-1TGPLqf55nGtcH~RxLM6eYRl7P7a5Cd28pPej002k5KNu3E2K6ufGPG34NAX1VaCCgbRRKC-fw1LqQ9rCiwCv6PjixzHnFAvtmu~P8ygFpuNKMbB-P1TlfXsM414JHeQzgbCjU8leTH0cWq~GlmnIS2g9FQ__&Key-Pair-Id=KUT5TJCACFTXG","author","U.S. House Committee on Natural Resources","date","2025-07-22T18:17:49Z","article","The House Natural Resources Committee heard more than three hours of testimony July 25 on proposals to change the National Environmental Policy Act, with Republicans pressing for limits on review timelines and Democrats defending public participation and environmental safeguards.

Republican Chairman Bruce Westerman said NEPA has \"mutated into a significant roadblock\" that delays infrastructure and energy projects. He cited agency statistics and court cases he said show environmental impact statements long and litigation-prone. \"In 2020, the average length of a final environmental impact statement was 661 pages, and the average time to complete an EIS was a whopping 4 and a half years,\" Westerman said in his opening remarks.

Ranking Member Jared Huffman responded that NEPA is \"a cornerstone of democracy and good governance,\" arguing the law makes federal decisions more transparent and yields improvements when communities can participate. \"NEPA requires agencies to consider the facts, disclose the consequences, and then engage the people who have to live with the results,\" Huffman said. He and other Democrats stressed that the agency workforce and preserved public input are essential to meaningful reviews.

Witness panels split along predictable lines. Industry and permitting advocates — including Tony Bowles of the American Road & Transportation Builders Association, Tony Campbell of East Kentucky Power Cooperative, and Alex Hergot of the Permitting Institute — urged statutory reforms, stronger enforcement of single-lead-agency decisions, time limits on litigation, expanded use of categorical exclusions and more agency capacity to prevent project ‘‘death by delay.’’ Bowles recommended raising the federal funding threshold for categorical exclusion to $10 million and expanding one‑federal‑decision approaches to environmental assessments.

Legal and academic witnesses urged more caution. Andrew Mergen, faculty director at Harvard Law School’s Emmett Environmental Law and Policy Clinic and a former DOJ NEPA litigator, called NEPA a ‘‘look before you leap’’ statute. He told the committee that while some NEPA documents are overly long, the statute’s public‑participation role improves projects and that recent judicial decisions and administrative reforms should be allowed to take effect before Congress acts further.

Members pressed witnesses on several recurring themes: whether litigation is the primary cause of delay, whether staffing shortfalls at agencies explain slow review times, how to handle cumulative and ‘‘reasonably foreseeable’’ impacts, and whether recent administrative steps such as Department of Interior alternative arrangements and secretarial-level review for some onshore wind and solar permits curtail tribal consultation and public input.

Several members and witnesses noted changes Congress enacted in the Fiscal Responsibility Act of 2023 and the Supreme Court’s 7 County Infrastructure Coalition v. Eagle County decision, both of which the panel described as reshaping NEPA litigation and agency obligations. Witnesses also described practical problems that occur before a formal NEPA clock is started — what Hergot called a ‘‘bureaucratic limbo’’ where developers often do extensive, expensive pre‑application work to satisfy unspoken agency expectations.

The hearing showcased competing priorities for speeding projects and protecting communities. Members of both parties said they want projects to move, but differed on whether statutory fixes, stronger agency capacity, technology and dashboards, or tighter limits on litigation and the scope of required analyses offer the better path forward.

The committee left the record open for additional materials and signaled interest in follow-up work. No legislative votes occurred during the hearing.

Sources: Committee hearing transcript, testimony by Chairman Bruce Westerman, Ranking Member Jared Huffman, Tony Bowles (American Road & Transportation Builders Association), Tony Campbell (East Kentucky Power Cooperative), Andrew Mergen (Emmett Environmental Law & Policy Clinic), and Alex Hergot (Permitting Institute).","mediaType","Video","parentTitle","Full Committee Oversight Hearing","oneSentenceSummary","The House Natural Resources Committee held a contentious hearing July 25 on proposed changes to NEPA, with Republican members and industry witnesses urging new time limits and litigation curbs to speed projects while Democrats and academic witnesses defended public input and warned against weakening environmental review.","taxTitle","Natural Resources: House Committee, Standing Committees - House & Senate, Congressional Hearings Compilation, Legislative, Federal","taxId",1983,"location","","headline","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},6160546,"Industry witnesses urge statutory time limits, single‑lead decisions and more agency capacity to unblock projects",1109,2388000,3497000,"/Search/View?dp=1&key=5450272-e1171b4d31f01ce3663a13db3357dfa8&start=2388&end=3497","https://assets.pipeline.soar.com/5450272-e1171b4d31f01ce3663a13db3357dfa8/thumbnail_2388000.jpg","/articles/6160546/Industry-witnesses-urge-statutory-time-limits-singlelead-decisions-and-more-agency-capacity-to-unblock-projects","https://secure.pipeline.soar.com/6160546-41cd4a1e6cd2c1567e23e5925245b12a/orig.mp4?Expires=1775092176&Signature=e-ET8OUBU8tWb-PZmMs8Pv5iMWmJ-apCgfgODGzStXgv5uaY6sojqhkkvflPlzOvFvDBDECKp6BYD5VHCaMpOO~5ZEBgIr6T7bWehxdyX1dl~~8i5aoMqOrLrJrecAJpPiPVcu1i81gXKAqs6s-P4YTdI72k5TWxRk3nvFY2nwJuFk6Jfj0~rq8ZT4cqRxPsWUkLA-dPtgHmdrbhnsiD~PhYSjjHoM7uUSrMhkvmhxmCpcFNXWjR-2yTzARNF9iJKoqIW~ocaYB6XSpztvR91DmKanfuSKi~jwC92wdhazCd4VhqFNUlwwT3-j6WQg~7u4LK6mAG3i5c24IYfJSvjQ__&Key-Pair-Id=KUT5TJCACFTXG","Industry and permitting advocates told the House Natural Resources Committee that the current permitting system is a chief obstacle to delivering roads, transmission lines, and power plants.

\"Projects that require federal permits, right of ways, and other approvals are subject to environmental reviews, which are often redundant,\" said Tony Bowles, board member of the American Road & Transportation Builders Association and vice president at Wright Brothers Construction. Bowles said permitting uncertainty increases project costs and \"dilutes limited public sector resources,\" and recommended three reforms: encourage more states to take on NEPA assignments, enforce one‑federal‑decision timelines and page limits, and raise the federal funding threshold for categorical exclusion to $10 million.

Tony Campbell, president and CEO of East Kentucky Power Cooperative, told the committee that demand and peak load growth are already straining regional grids. \"We are planning, building and maintaining the power plants and power lines to keep electricity flowing,\" Campbell said, but added that permitting delays threaten reliability and investment. He urged Congress to reduce unnecessary litigation delays, require challengers to have participated in public comment before suing, and reinforce that NEPA should focus on direct, foreseeable impacts within an agency's authority.

Alex Hergot, president and CEO of the Permitting Institute, described a front‑end problem he called \"bureaucratic limbo,\" where developers undertake costly pre‑application work to anticipate agency expectations before the formal NEPA clock starts. \"For every 1 project that moves forward to just get posted in the federal register, 20 die on the vine,\" Hergot said. He urged Congress to clarify statutory boundaries (for example, the scope of \"reasonably foreseeable\" effects), finish work begun in the Fiscal Responsibility Act and close what he called opportunities for speculative downstream theories of harm that increase litigation risk.

Common recommendations from industry witnesses included:

- Create or enforce a single lead agency and a binding schedule for joint reviews; expand one‑federal‑decision authority to environmental assessments as well as EISs.
- Limit post‑decision litigation windows and require challengers to have participated in public comments before filing suit.
- Increase categorical exclusion thresholds to account for higher construction costs and reduce unnecessary EAs/EISs for lower‑risk projects.
- Invest in agency staffing and modern e‑permitting tools to process applications faster and provide transparent dashboards tracking progress.

Witnesses acknowledged tradeoffs. Campbell said agencies need more staff but emphasized projects \"need to be built\" to meet rising demand, while Bowles argued standardization and enforcement of existing limits would yield savings. Hergot warned that absent statutory clarity, litigation and front‑end overbuild will continue to drive up the cost of preparing applications to tens of millions of dollars for major projects.

No formal proposals were voted on at the hearing; witnesses provided materials for the record and committee members asked for follow‑up answers.

Sources: Testimony of Tony Bowles, Tony Campbell, Alex Hergot.","Contractors and electricity cooperatives urged Congress at a House Natural Resources hearing to adopt binding schedules, expand one‑federal‑decision authority and invest in agency capacity to speed permitting for roads, transmission and power projects.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":72,"_73":72,"_74":72},6160543,"Legal scholars and tribal advocates urge caution: preserve public participation and agency capacity in any NEPA rewrite",2026,3028000,5054000,"/Search/View?dp=1&key=5450272-e1171b4d31f01ce3663a13db3357dfa8&start=3028&end=5054","https://assets.pipeline.soar.com/5450272-e1171b4d31f01ce3663a13db3357dfa8/thumbnail_3028000.jpg","/articles/6160543/Legal-scholars-and-tribal-advocates-urge-caution-preserve-public-participation-and-agency-capacity-in-any-NEPA-rewrite","https://secure.pipeline.soar.com/6160543-e97daa38d8bace2c8aad037ca9f391cc/orig.mp4?Expires=1775092176&Signature=hFarvYc11sUqxxgp16oOhRvxAjnE3~KIFj9bCVd95vZFeS9cAB~O4XG8dPcE-Ij8c5p6ztlYUD~WfFu7u5ZrJMlnepqh6CbIgUB7yfifzZpqFnwB-IUNhT2S9ddaKKhiLllm5rKSW28DJyNeurQCubAX3PvrjREDvXEyaH3DkmtTmdPyrSgXsppDj8ohFZdGPuQSz1R9jaHq9SuxBxHgvGdAgBdvrmqKIV5plKVwmK3SgRq2z-eMu7sjok-jfF~wXUPB3dvrXclbg0TuFooCSX9UMPE55q7iCgnR5EKgiak5Q~QnytwC0-vGButqaB7pWBALMa78~kydCuyAaxjtiA__&Key-Pair-Id=KUT5TJCACFTXG","Several legal and academic witnesses urged the committee to avoid hasty statutory rollbacks that would curtail public participation or tribal consultation.

Andrew Mergen, faculty director at Harvard Law School’s Emmett Environmental Law and Policy Clinic and a former U.S. Department of Justice NEPA litigator, described NEPA as a ‘‘look before you leap’’ statute that many state and international systems emulate. \"Looking before you leap makes a lot of sense,\" Mergen said, and he cautioned that NEPA is often blamed for delays caused by other substantive statutes such as the Clean Water Act or the Endangered Species Act.

Mergen told lawmakers that recent developments — the Fiscal Responsibility Act’s procedural limits and the Supreme Court’s 7 County decision — have already narrowed judicial remedies and should be allowed to operate. He said, however, that reductions in agency staffing and a fragmented CEQ role create new headwinds to efficient implementation. \"Agency cuts call that into question,\" Mergen testified, noting that deference to agency expertise depends on agencies having the capacity to \"show their work.\"

Representative Susie Lee (D‑Nev.) and other members raised concerns about new Department of Interior alternative arrangements and a secretarial memo that elevates Interior approvals for some wind and solar permits to higher levels. Lee said raising decisions to the secretary's level and compressing consultation timelines risks undermining tribal sovereignty and meaningfully short‑circuiting Tribal Historic Preservation Officer input. Mergen and other witnesses warned that rushing tribal consultation, for example giving seven days to respond, produces \"huge\" barriers for tribal governments and tribal historic preservation officers.

Witnesses and some Democrats also warned that removing or sharply curtailing judicial review would strip communities of recourse if agencies ignore statutory obligations. Mergen emphasized that although litigation can delay projects, it also improves many projects through public input; courts rarely enter injunctions, and the 7 County decision reduces the likelihood of routine project‑stopping injunctions.

Recommendations from legal and community‑concerned witnesses included: preserve meaningful public and tribal engagement; invest in agency capacity and institutional knowledge rather than only adding headcount; deploy technology and e‑permitting to make records available to the public; and allow recent judicial and administrative changes time to affect practice before enacting new statutory rollbacks.

Sources: Testimony of Andrew Mergen; questioning and remarks by Rep. Jared Huffman and Rep. Susie Lee; committee transcript.","Legal and academic witnesses told the House Natural Resources Committee that NEPA’s public‑participation role improves projects and that staffing cuts, hasty administrative shortcuts and reduced tribal consultation risk undermining both environmental protection and public trust.","actionData","errors"]

Article not found

House Natural Resources hearing splits over NEPA reform as members and witnesses debate speed versus safeguards

Industry witnesses urge statutory time limits, single‑lead decisions and more agency capacity to unblock projects

Legal scholars and tribal advocates urge caution: preserve public participation and agency capacity in any NEPA rewrite