The "Studying NEPAs Impact on Projects Act" mandates the Council on Environmental Quality to publish an annual report detailing the impacts and costs of National Environmental Policy Act (NEPA) reviews and related lawsuits.
John Curtis
Senator
UT
The "Studying NEPAs Impact on Projects Act" requires the Council on Environmental Quality (CEQ) to publish an annual report on environmental reviews and lawsuits related to the National Environmental Policy Act (NEPA). This report will include details on NEPA-related lawsuits, the length and cost of environmental impact statements, timelines for project completion, and a list of categorical exclusions in each federal agency’s regulations related to NEPA. The CEQ will publish the data used to create the report, broken down by project type and sector, on its website and submit it to Congress.
This bill, named the "Studying NEPAs Impact on Projects Act," amends the National Environmental Policy Act of 1969 (NEPA). Its core function is to require the Council on Environmental Quality (CEQ) – the body overseeing NEPA – to publish a detailed annual report starting July 1, 2025. This report aims to shed light on how NEPA environmental reviews actually play out across various projects.
Think of this as an annual check-up on the NEPA process. The report, mandated by Section 2, has to dig into several key areas. It will track lawsuits filed over alleged NEPA non-compliance, noting who sued whom, the reasons, and how things ended – whether projects were stopped, changed, or if legal costs were awarded. It also requires tracking the length (average page counts) of Environmental Impact Statements and Environmental Assessments, broken down by the federal agency involved.
Beyond lawsuits and page counts, the report must tally the costs associated with preparing these environmental reviews. This includes agency personnel time, contractor fees, and, where possible, costs incurred by applicants and cooperating agencies. Timelines are another major focus: the report will document how long it takes to complete Environmental Impact Statements, mapping key milestones from application submission to final decisions. Finally, it requires a list of "categorical exclusions" – types of actions agencies deem don't typically require a full environmental review – and tracks any changes to these lists.
The bill requires all this information to be broken down by specific project types and sectors, covering everything from aviation and broadband to energy, mining, transportation, and water projects. This level of detail is intended to provide a clearer picture of NEPA's impact across different parts of the economy. Importantly, the CEQ isn't just publishing the summary report; Section 2 mandates they also make the underlying data publicly available on their website, including citations for court records.
Essentially, this legislation is about collecting comprehensive data and increasing transparency around the NEPA process. By requiring detailed annual reporting on lawsuits, costs, timelines, and procedural shortcuts like categorical exclusions, it aims to provide policymakers and the public with a clearer, fact-based understanding of how environmental reviews function in practice. While the bill itself doesn't change NEPA rules, the data gathered could significantly inform future discussions and potential reforms related to environmental permitting and project development. The main direct impact is on the CEQ, which gets the significant task of compiling and publishing this extensive report each year.