On January 10, the White House Council on Environmental Quality (CEQ) proposed revisions to its regulations for implementing the National Environmental Policy Act (NEPA), signed into law in 1970. CEQ has not comprehensively updated these regulations for forty years.
Since its enactment, the NEPA environmental review and permitting process has become increasingly complex and time-consuming and extends far beyond what Congress originally intended. Importantly, NEPA is a procedural statute that requires Federal agencies to assess the environmental impacts of proposed major Federal actions. The purpose of NEPA is essential to sound governments. The chosen means is a “procedural” statute that requires Federal agencies to prepare a detailed statement on environmental impacts from a proposed Federal action, alternatives to the proposed action, unavoidable adverse effects, and any irreversible and irretrievable commitments of resources that would be involved.
The average length of an environmental impact statement is over 600 pages and the average time to complete a NEPA review of major projects is four and a half years. NEPA analyses are frequently challenged in the courts, which delays and increases the costs for transportation, water, pipelines and other infrastructure that benefit States, Tribes, and local communities. CEQ’s proposal would modernize and clarify the regulations to facilitate timely NEPA reviews by Federal agencies in connection with proposals for agency action.
This teleforum is co-hosted by the Federalist Society and ConservAmerica and will offer background on CEQ’s proposal and discuss caselaw that has resulted in calls for NEPA reform and modernization. Comments on CEQ’s proposal are due March 10.
Please click here for a Summary of Key Issues and Select Cases.
Featuring:
Prof. Richard Esptein, The Laurence A. Tisch Professor of Law, New York University, and Senior Fellow at Hoover Institute
Mario Loyola, Senior Fellow, Competitive Enterprise Institute and former Associate Director for Regulatory Reform, White House Council on Environmental Quality
Moderator: Brent Fewell, General Counsel, ConservAmerica


Please dial 888-752-3232 to access the call.