Golden introduces permitting reform bill with Natural Resources Committee Chairman Westerman

WASHINGTON — Congressman Jared Golden (ME-02) today introduced the Standardizing Permitting and Expediting Economic Development (SPEED) Act, a bill to modernize the National Environmental Policy Act (NEPA) to streamline the permitting process and return the law to its intended purpose as a procedural statute for assessing the environmental impact of federal actions. 

Golden is the lead Democratic sponsor of the bill, which was submitted today by the House Natural Resources Committee Chairman, Republican Bruce Westerman (AR-04).

“Being a good steward of our environment doesn’t mean we must tolerate a yearslong permitting process that is onerous, overly complex and ripe for litigation abuse,” Golden said. “America must get back into the business of building. We need modern infrastructure. We need robust power production that does not discriminate between energy sources. These investments will create jobs, support our economy, keep prices down and help us maintain energy independence.”

“A country as advanced as the United States must be nimble enough to build what we need, when we need it. I'm proud to partner with Chairman Westerman on reforms that protect our environment while delivering the investments Americans need today, not years from now,” Golden said.

“America's model of successful environmental stewardship alongside strong economic growth is being hobbled by a more than half-century old permitting process that is overdue for a tune-up. Although well-intentioned, the National Environmental Policy Act has not kept up with the times, which is bad for both our environment and our economy,” Westerman said. “With commonsense upgrades, we can cut red tape and enable the United States to build once again while setting the standard for environmental stewardship. The SPEED Act will help launch America into a future where we can effectively innovate and implement to revitalize our infrastructure, meet skyrocketing energy demands, lead the world in the AI race and work in harmony with our natural environment. America must lead by setting an example for the rest of the world on how to steward the environment, strengthen the economy and create the best place to live and work. The bipartisan SPEED Act is a big step in the right direction. I'd like to thank my colleague Congressman Golden for co-leading this bill, and I look forward to working with him to get it signed into law.”

BACKGROUND:

The National Environmental Policy Act (NEPA) is a procedural statute that established parameters for assessing the environmental impacts of all major federal actions and created the Council on Environmental Quality. The procedural requirements in NEPA apply to all major federal actions, including but not limited to the construction and maintenance of roads, bridges, highways, ports, irrigation systems, forest management, transmission lines, energy projects, broadband and water infrastructure.

While well-intentioned, NEPA has evolved into a cumbersome and lengthy process that has increased costs and permitting timelines. Additionally, NEPA has become a tool used by special interest groups to block critical infrastructure across the country, as it is currently the most litigated environmental statute.

This litigation is most often initiated not by communities or individuals, but by national NGOs. According to the Breakthrough Institute, NGOs filed more than 70 percent of all lawsuits filed under NEPA in recent years. According to the report, litigants lose their challenges 80 percent of the time. But what they lost in court, they made up for in delays; Litigation under NEPA added an average of four years to a project’s timeline. These kinds of delays can kill a project even when the litigation against it fails.

The SPEED Act will modernize NEPA to help streamline the permitting process and return the law to its intended purpose. The bill will shorten permitting timelines and reduce the frequency of frivolous litigation. This legislation will simplify the analysis required in NEPA documents, thereby easing the burden on agencies. The bill will also clarify when NEPA is triggered by clarifying the definition of “Major Federal Action.” Lastly, the bill will establish judicial review limitations for NEPA claims, including a 150-day deadline for filing claims, a new standard of review and the elimination of procedural moves that stop projects from moving forward.

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