In the last few years there has been a lot of action on environmental review and permitting reform. Whether it is new rules issued by the Biden Administration or reforms pushed by Congress, AGC has all of the details to help you understand them.
The Latest Rule: On July 1st, the White House Council on Environmental Quality’s (CEQ’s) final rule implementing the National Environmental Policy Act (NEPA) Phase II regulations went into effect. The rule elevates climate and community impacts to the NEPA permitting process – requiring extensive review of effects, alternatives analysis, and mitigation on top of an already protracted process. CEQ’s rule ignores the intent of the environmental review and permitting reforms within the bipartisan Fiscal Responsibility Act of 2023, and instead changes the role of the NEPA from a procedural process to one that seeks to mandate agencies to enact preferred policies.
New Reforms Ahead? In July 2024, Senators Joe Manchin (D-W.Va.) and John Barrasso (R-Wyo.) introduced the Energy Permitting Reform Act of 2024, which limits lawsuits and expedites timelines for permitting decisions on energy construction projects.
AGC has taken a whole of association approach to navigating permitting reform. Here are some helpful links to our advocacy efforts and resources to help you understand the latest requirements.
Recent Regulations, Legislation, Fact Sheets, and Guidance:
- Final Rule: National Environmental Policy Act Implementing Regulations Revisions Phase 2
- CEQ slide deck on the final rule
- CEQ Response to NEPA Phase 2 Comments
- Federal regulatory Impact Analysis
- Docket of all comments submitted on NEPA Phase 2
- AGC comments are searchable under the All Comments on Docket tab.
- Congressional Review Act Resolution to repeal NEPA Phase 2
- Press release announcing the resolution.
- Energy Permitting Reform Act
- Senate Committee on Energy & Natural Resources press release on the bill.
- Energy Permitting Reform Act of 2024
- AGC of America Review of Fiscal Responsibility Act’s impacts on construction permitting
AGC Permitting Reform Advocacy Efforts
- AGC supports the Energy Permitting Reform Act of 2024 – August 2024
- AGC supports CRA resolution for NEPA Phase 2 – May 2024
- AGC member Lauren Benford testifies in the U.S. House of Representatives on the need for permitting reform – January 2024
- AGC expresses concerns on the rule at a CEQ public meeting – September 2023
- AGC submits written comments following the public meeting – September 2023
- AGC and 25 other industry groups oppose CEQ rule – September 2023
- AGC co-signs a letter in support of permitting reform – March 2023
- AGC member Jeff Firth testifies in the U.S. House of Representatives on the need for permitting reform – January 2023
- AGC member Ali Mills testifies in the U.S. Senate on the need for permitting reform – November 2022
- AGC Key Votes the CRA resolution to overturn CEQ’s 2021 NEPA reforms – August 2022
- AGC member Kari Karst testifies in the U.S. House of Representatives on the need for permitting reform – April 2022
- AGC sends comments to the CEQ opposing their 2021 NEPA reforms – November 2021
- AGC joins a coalition letter opposing CEQ’s 2021 NEPA reforms – November 2021
For more information, please contact John Chambers.