Studying NEPA’s Impact on Projects Act
- Sponsor
- Sen. Curtis, John R. [R-UT]
- Committees
- Environment and Public Works Committee (primary)
- Last action
- Mar 27, 2025
Bottom line
This bill mandates increased transparency and data collection regarding the implementation and impacts of NEPA, particularly concerning environmental reviews and related litigation.
What it actually does
This bill amends the National Environmental Policy Act (NEPA) to require the Council on Environmental Quality (CEQ) to publish an annual report. This report must detail litigation related to NEPA non-compliance, the length and cost of environmental impact statements (EIS) and environmental assessments (EA), timelines for completing EISs, and a list of categorical exclusions used by federal agencies. The information must be disaggregated by project type and covered sector, and underlying data must be made public.
Proponents argue
Supporters argue that this bill will provide crucial data to understand the efficiency and effectiveness of NEPA processes, identify bottlenecks, and inform potential reforms. They believe that greater transparency on costs, timelines, and litigation outcomes will help streamline project approvals and reduce delays for critical infrastructure and energy projects, without weakening environmental protections.
Opponents contend
Opponents might argue that while data collection is generally positive, the specific metrics required could be used to unfairly criticize NEPA, potentially leading to pressure to weaken environmental review standards. They might also contend that the administrative burden and cost of compiling such detailed reports could divert resources from actual environmental protection efforts or slow down existing review processes.
The bill is concise and clearly written, making it accessible for a quick read and easy understanding of its provisions.
Section 2. (a) Amends Section 201 of NEPA.
Mandate for Annual CEQ Report on NEPA's Impact
This provision requires the Council on Environmental Quality (CEQ) to publish an annual report, starting July 1, 2025. The report must be submitted to relevant Congressional committees and made publicly available on the CEQ website. It replaces the existing general reporting requirement for CEQ, focusing it specifically on NEPA's implementation and effects.
Supporters argue
Supporters argue that a dedicated annual report is essential for evidence-based policymaking, allowing Congress and the public to better understand NEPA's practical application and identify areas for improvement in environmental review processes.
Critics contend
Critics might argue that while transparency is generally positive, the specific focus and detail required could lead to an overly critical view of NEPA, potentially setting the stage for weakening environmental protections.
Tradeoffs
The tension lies between the desire for comprehensive data to inform policy and the potential for the data to be used to justify reforms that some view as detrimental to environmental protection.
Section 2. (b)(1)
Reporting on NEPA-Related Causes of Action
The annual report must include detailed information on all active causes of action (lawsuits) alleging non-compliance with NEPA during the covered year. This includes identifying the defendant agency, lead plaintiff, court, alleged basis for the lawsuit, and its status or outcome (e.g., whether the project was reversed, allowed to proceed, additional measures ordered, settlement reached, or if the plaintiff received an award).
Section 2. (b)(2) and (b)(3)
Reporting on Length, Cost, and Timelines of EIS/EAs
The report must detail the average and median page counts of draft and final Environmental Impact Statements (EIS) and Environmental Assessments (EA), disaggregated by agency and subagency. It also requires reporting on the total cost to prepare these documents, including personnel, contractor, and other direct costs, and, if practicable, costs incurred by cooperating agencies and applicants. Furthermore, it mandates reporting on the timelines for completing EISs, tracking key milestones from application submission to notice to proceed, and describing trends in these metrics.
Section 2. (b)(5)
Comprehensive List of Agency Categorical Exclusions
The annual report must include a comprehensive list of all categorical exclusions (CEs) used by each federal agency in their NEPA implementing regulations. It also requires identifying the total number of CEs established, adopted, or revised by each agency during the covered year.
Section 2. (c) and (d)
Data Disaggregation by Sector and Public Availability
All information in the annual report must be disaggregated by project type and "covered sector" (e.g., aviation, broadband, energy, manufacturing, transportation). The bill lists 14 specific sectors and allows CEQ to determine others. Additionally, the CEQ must publish the underlying data used to prepare the report, along with citations for court proceedings, to ensure public access and verifiability.