Attorney General JB McCuskey is leading a coalition of 21 states supporting the U.S. Environmental Protection Agency’s (EPA) proposal to rewrite how the agency handles the National Environmental Policy Act (NEPA) reviews.
Since it was signed into law in 1970, NEPA required that before the federal government can approve or fund a major infrastructure project—highways, water systems, power plants or pipelines—it must study and document the environmental impacts first. The coalition writes in its letter, “For too long, NEPA has entangled States, industry, and everyday citizens in years-long reviews, ballooning environmental reports, and endless litigation risk.”
According to the States, Congress meant for NEPA to execute its objectives through modest procedural requirements. But that soon shifted. Shortly after its enactment, special interest groups weaponized NEPA to challenge projects they opposed. The proposed update to EPA’s procedures for implementing NEPA will result in the environmental review process being faster and more predictable without any accountability lost. EPA’s proposed rule requires firm deadlines, page limits, and streamlined categorial exclusions so vital projects like roads, water systems and energy infrastructure can move forward without getting tied up in years of red tape and litigation.
“Liberal eco-activist special interest groups weaponized this Act so that it bogged down critical infrastructure projects, simply because they didn’t like them. Over time, this legislation ballooned to take power Congress didn’t authorize it to have. The EPA’s proposed rule reins in how NEPA is used and streamlines the process, which means essential infrastructure projects that West Virginians need move forward faster. It’s a win for everyone,” Attorney General McCuskey said.
The States refer to several changes made in recent years, beginning with the passage of the Fiscal Responsibility Act which was signed into law in 2023. Additionally, President Trump, the Supreme Court and Congress have all forged ahead in correcting NEPA abuse. If EPA adopts the proposed rule, it will take another substantial step toward protecting critical infrastructure from being stalled, or even stopped, by procedural hurdles.
The coalition’s letter concludes, “The result is a NEPA process that works better for everyone it touches: States get faster review for the projects their residents depend on; project sponsors get predictability and, where they want it, the option to pay for speed; the public gets a process still grounded in real accountability; and EPA gets a rule it can defend with confidence, on the merits and in court.”
Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas and Wyoming joined West Virginia’s letter in support of the EPA’s proposed rule, which can be read in its entirety here.
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