ICYMI: Manchin, Graves, Sullivan to Introduce Bipartisan, Bicameral CRA Resolution on NEPA Phase II Final Rule

May 8, 2024

Washington, D.C. – Today, Senator Joe Manchin (D-WV), Chairman of the U.S. Senate Energy and Natural Resources Committee, joined Congressman Garret Graves (R-LA-06) and Senator Dan Sullivan (R-AK) to announce their plans to introduce a bipartisan, bicameral Congressional Review Act (CRA) resolution of disapproval to overturn the National Environmental Policy Act (NEPA) Phase II Final Rule. Chairman Manchin announced his intention to lead a CRA resolution last month.

“The Biden Administration is clearly more interested in caving to activists during an election year than building new infrastructure to unlock America’s full potential in the 21st century. Bottom line: instead of simply implementing the bipartisan, commonsense reforms included in the Fiscal Responsibility Act, they loaded up this rule with new requirements to help agencies and litigators run out the clock on the types of projects they don’t like. This undermines the bipartisan deal the Administration made with the Fiscal Responsibility Act and will increase costs and red tape for critical projects that, despite being needed for national security and prosperity, aren’t favored by the radical left. I am proud to work with my colleagues from all corners of our country to introduce a bipartisan, bicameral Congressional Review Act resolution of disapproval to reverse this flawed rule,” said Chairman Manchin.

“The NEPA Phase II rule is a blatant violation of the actual bipartisan agreement that we negotiated and President Biden signed into law last year,” said Congressman Graves. “It veers completely off course of our goal to cut red tape in the permitting process. As written by the White House, the rule includes definitions that favor certain groups over others instead of keeping a level playing field for all types of projects. It also finds loopholes to extend page limits in reviews and does nothing to curb frivolous litigation intended to delay dirt turning. Plain and simple, this is just another example of complete Administrative overreach that will hurt every major project — from ports to wetland restoration to renewables and oil and gas. I appreciate the efforts of Senators Manchin and Sullivan to quickly correct this misstep. We will continue to fight for streamlined permitting laws so that they no longer hinder the protection of the people and resources they are meant to serve."

“The Biden administration's NEPA Phase II rule will bog down the ability to permit infrastructure projects, make them harder to build, waste taxpayer dollars, and keep workers from working. When we negotiated the permitting agreement with the Biden administration last year, we included provisions that would cut through the red-tape, not prolong an endless review process. Those important reforms are being killed by the Biden administration through additional provisions that would further delay the permitting process. This CRA will end this overreach and deliver the bridges and roads, pipelines and tunnels, ports, runways and American energy projects that American taxpayers were promised. We’re urging every one of our colleagues to put the interests of American-infrastructure needs and the hard-working men and women of this country who build this infrastructure above the demands of the far-left radical environmentalists,” said Senator Sullivan.