House Passes NEPA Review Overhaul

The U.S. Home of Representatives ended its legislative session for 2025 by passing a allowing reform invoice aimed to shorten timelines for main federal infrastructure initiatives and cut back delays brought on by what invoice sponsors describe as “frivolous” litigation. After passing the Home, the invoice was referred to the Senate Atmosphere and Public Works Committee, which is anticipated to take up the measure in 2026. 

Whereas the invoice, often called the SPEED Act (Standardizing Allowing and Expediting Financial Improvement Act), has some measure of bipartisan assist, it handed the Home Dec. 18 by a divided 221-196 vote, with a number of Democrats objecting to a late-stage modification that bars it from being utilized for offshore wind vitality initiatives, which might face Trump administration delay or cancellation. 

The modification doesn’t apply to onshore wind or photo voltaic vitality initiatives, however the invoice additionally didn’t explicitly handle new administration guidelines that complicate their federal approvals.

The unique laws, launched by Home Pure Sources Committee Chair Bruce Westerman (R-Ark.) and Jared Golden (D-Maine), would have restricted the chief department’s skill to reverse earlier choices to advance initiatives following evaluations underneath the Nationwide Environmental Coverage Act (NEPA). Different key provisions embody narrowing the scope of what’s thought of a “main federal motion” for triggering NEPA, and establishing a 150-day restrict for NEPA claims and challenges. 

Environmental advocates have been sharply crucial of the laws even whereas acknowledging that there’s room to streamline mission evaluations. Matthew Davis, former federal environmental scientist and League of Conservation Voters vice chairman of federal coverage, stated in a press release that “the acute amendments to the SPEED Act fueled by misinformation that explicitly assault clear vitality reveal the invoice for what it all the time has been: a fossil gasoline giveaway that cuts out neighborhood enter and places our well being and security in danger.” He added, “Congress ought to be targeted on actual options to skyrocketing vitality costs beginning with stopping Trump’s effort to ban clear vitality and dashing up the approval of grid enhancements and clear vitality initiatives which might be low-cost and fast to deploy.”

Pure Sources Protection Council President and CEO Manish Bapna stated in a press release that though there could possibly be a “dialog available” about reforming the evaluation course of, the SPEED Act ought to be a “non-starter” within the Senate. 

Building Trade Assist 

Building trade teams typically assist the laws. Related Builders and Contractors’ vice chairman of presidency affairs Kristen Swearingen stated the SPEED Act would “present mission sponsors and contractors with larger certainty to plan, make investments and ship even probably the most advanced development initiatives—certainty that’s important to assembly the nation’s infrastructure wants.”

Sean O’Neill, senior vice chairman of presidency affairs for the American Cement Affiliation (previously often called the Portland Cement Affiliation), instructed ENR that the invoice would expedite development of obligatory vitality, transportation, flood management and different form of important infrastructure initiatives. 

He famous that within the cement manufacturing sector, cement just isn’t solely a significant materials for development initiatives, however that additionally, many cement suppliers are contemplating decreasing carbon emissions at their manufacturing amenities by including carbon seize and sequestration applied sciences. These upgrades can themselves set off NEPA evaluations, he stated. “It may be a bit arduous … so one thing just like the SPEED Act might assist expedite the method.” 

Eleven Democrats voted for the invoice within the Home, together with chief cosponsor, Rep. Golden. “Being steward of our surroundings doesn’t imply we should tolerate a years lengthy allowing course of that’s onerous, overly advanced and ripe for litigation abuses,”  he stated after the passage. “We’d like sturdy energy manufacturing that doesn’t discriminate between vitality sources. These investments will create jobs, assist our economic system, maintain costs down and assist us keep vitality independence.” 

Trump loyalists Andy Harris (R-Md.), Chris Smith (R-N.J.) and Jeff Van Drew (R-N.J.), who proposed the modification, stated a legislative repair was important to permit the administration to proceed to have the ability to cancel offshore wind initiatives, significantly in Maryland and New York, the place many efforts are underneath improvement however face hostile opposition from the administration. Many actions to cancel or hamper offshore wind initiatives have additionally been met with state lawsuits or renegotiations to permit them to proceed.