Debt measure alters environmental law, but less than GOP hoped

(TNS) — The limited language addressing permitting in the agreement to raise the debt ceiling will make the largest statutory changes to environmental law in decades even though it falls far short of Republican ambitions only a few months ago.

The most substantial changes to the 1970s law known as the National Environmental Policy Act focus on how requirements for environmental reviews are implemented. The debt ceiling measure also includes authorization of a study on transmission siting, faster permitting for energy storage projects and the approval of the Mountain Valley Pipeline.

NEPA requires federal agencies to examine the environmental effects of major proposed projects. But many Republicans say the time needed to prepare the environmental analyses and impact statements unduly delays projects, delays that can lengthen if the studies are challenged in court.

House negotiators originally floated a larger permitting overhaul for the debt ceiling measure, reflecting the energy bill that the chamber passed in April.

The final debt ceiling measure cleared by the Senate Thursday, and signed into law Saturday, specifies only that agencies need to consider “reasonably foreseeable” environment impacts and narrows the definition of “major federal action.” House Republicans, including U.S. Rep. Garret Graves, say both would narrow the scope of NEPA reviews.

The measure requires environmental analyses to be done within one year and more detailed environmental impact statements to be done within two years. If two or more agencies are involved, the bill directs that one be named lead agency and tasked with outlining a joint schedule. It also allows project applicants to sue if the timelines aren’t met. Project applicants will also be allowed to help prepare environmental reviews. The measure includes new language to clarify that agencies aren’t required to undertake new scientific or technical research.