Bipartisan Bill to Block NEPA Rule Introduced

What happened: Congress June 18 introduced the bipartisan, bicameral Congressional Review Act (CRA) resolution to block the White House Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) Phase Two regulation. ARTBA and several industry partners supported the measure.

Why it matters: The regulation eliminates references to the procedural nature of NEPA permitting, allowing regulators to seek indefinite extensions. It also requires consideration of hard-to-measure factors, potentially leading to substantial delays and increased risk of litigation from outside groups seeking to interrupt transportation construction projects. A full summary of the rule is available here.

What’s next: The resolution must pass both chambers with a simple majority vote. Even if it passes, it is likely to be vetoed by President Joe Biden. For more information, contact ARTBA’s Prianka Sharma.