Coalition Comments Opposing CEQ’s NEPA Phase 2 Proposal

ARTBA and its allies sent a letter to the Chair of the Council on Environmental Quality saying the agency should withdraw the National Environmental Act (NEPA) Proposed Rule and modify it in accordance with these comments:

• The Proposed Rule is written to drive policy outcomes. In so doing, the Proposed Rule exceeds the bounds of the letter and intent of NEPA.
• The Proposed Rule fails to fulfill the specific requirements and overall purpose of the Fiscal Responsibility Act. The FRA amended NEPA to address permitting delays. The Proposed Rule would only exacerbate delays and complexity driven by new requirements that would inevitably be followed by litigation.
• The Proposed Rule would add new requirements that would further delay and complicate reviews, including requirements that are outside the permissible bounds of the statute itself. In addition, the Proposed Rule adds a new global dimension to required environmental analysis, improperly stepping away from the statute’s focus on “present and future generations of Americans.”
• The Proposed Rule would remove key process improvements from the 2020 NEPA rule.