Studying NEPA’s Impact on Projects Act
- Bill Number
- S. 1191
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-03-27: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2025-12-19T12:03:16Z
AI-Generated Summary
Purpose
The Studying NEPA's Impact on Projects Act (S. 1191) aims to increase transparency about the National Environmental Policy Act of 1969 (NEPA) by requiring the Council on Environmental Quality (CEQ)—an executive branch office that oversees federal environmental policies—to produce an annual report. This report will track environmental reviews, litigation alleging NEPA violations, costs, and timelines for major federal projects, helping to evaluate how NEPA affects project development.
Key Provisions
- Annual Reporting Requirement: Starting July 1, 2025, CEQ must publish a report on its website and submit it to the Senate Committee on Environment and Public Works and the House Committee on Natural Resources. The report covers the period from June 1 of the previous year to June 1 of the current year.
- Litigation Details: The report must list active lawsuits claiming NEPA non-compliance, including:
- Parties involved (lead federal agency as defendant, main plaintiff).
- Courts handling the case and any appeals.
- Breakdown by agency, type of alleged violation, and outcomes (e.g., project reversal, settlement, ongoing case, or awards like attorney fees under federal law).
- Document Lengths: Tracks the average and median page counts (including appendices) of draft and final environmental impact statements (detailed reviews for major projects) and environmental assessments (shorter reviews for smaller impacts), broken down by agency and quartiles, with trends compared to prior years.
- Costs of Reviews: Reports total preparation costs for these documents, including staff hours, contractor fees, and other direct expenses by lead agencies; where possible, includes costs for cooperating agencies (other involved federal entities), applicants (project sponsors), and contractors.
- Timelines for Reviews: For environmental impact statements, details key dates (e.g., application submission, scoping start, publication of drafts/finals, record of decision, and notice to proceed), average/median times between steps, trends over time, and number of projects covered.
- Categorical Exclusions: Lists all simplified review categories (for low-impact actions exempt from full reviews) in federal regulations, including totals and any new, adopted, or revised ones by agencies during the year.
- Data Organization and Access: Information is disaggregated by project type and "covered sectors" (e.g., energy production, transportation, mining, water resources, or others as defined by CEQ). Underlying data and court record citations must be publicly available with the report.
Significant Changes to Existing Law
- Replaces Section 201 of NEPA entirely with the new annual reporting mandate, incorporating definitions from Section 111 (e.g., "categorical exclusion" for low-impact actions, "lead agency" as the main federal overseer, "major Federal action" for significant projects requiring review).
- Updates Section 204 of NEPA to explicitly include preparing this report as a core CEQ duty, replacing a prior vague reference.
Potential Impacts
- On Government Agencies: Increases administrative workload for CEQ and federal agencies (e.g., tracking data on reviews and lawsuits), potentially leading to more standardized processes but also higher short-term costs for reporting.
- On Citizens and Project Developers: Provides public insights into NEPA's efficiency, such as delays from litigation or lengthy documents, which could help environmental groups monitor compliance or project sponsors (e.g., energy companies) advocate for faster approvals.
- On International Relations: Minimal direct impact, though sectors like aviation, ports, or energy pipelines could indirectly affect global trade or climate efforts if reports highlight bottlenecks in U.S. infrastructure projects.
Main Stakeholders Affected
- Federal Agencies: CEQ (primary reporter), lead and cooperating agencies (e.g., Departments of Interior, Transportation, Energy) that conduct NEPA reviews and face lawsuits.
- Congress: Oversight committees receiving reports, potentially using data for future NEPA reforms.
- Project Sponsors and Industry: Developers in covered sectors (e.g., renewable energy, mining, broadband) seeking permits, who may benefit from transparency on timelines and costs.
- Environmental and Public Interest Groups: Plaintiffs in NEPA lawsuits, gaining access to aggregated litigation data to track enforcement trends.
- General Public: Broader access to data on federal project impacts, promoting accountability without restricting access to existing records.
Notable Legal, Constitutional, or Political Implications
- Legal: Enhances NEPA's implementation by mandating data collection on compliance and challenges, without altering core review requirements; could support future court cases by providing benchmarks for "reasonable" timelines or costs, and references attorney fee awards under the Equal Access to Justice Act (28 U.S.C. § 2412).
- Constitutional: Aligns with congressional oversight powers under Article I, promoting transparency in executive actions without infringing on separation of powers; no direct challenges to due process or free speech.
- Political: May fuel debates on streamlining NEPA to reduce regulatory burdens on infrastructure (e.g., for energy or transportation projects), appealing to pro-development interests while maintaining environmental safeguards; bipartisan sponsorship (by Sens. Curtis and Kelly) suggests potential for broader support in a divided Congress.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Kelly, Mark [D-AZ], Sen. Ossoff, Jon [D-GA]
Recent Actions
- 2025-03-27: Read twice and referred to the Committee on Environment and Public Works.
- 2025-03-27: Introduced in Senate
Bill Versions
- Studying NEPA’s Impact on Projects Act — issued 2025-03-27 — PDF (8 pages)