Manchin, Graves, Sullivan Introduce Bicameral CRA Resolution of Disapproval to Overturn NEPA Phase II Final Rule

June 18, 2024

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

Text of the resolution introduced today can be found here.

The resolution is co-sponsored by Senators Shelley Moore Capito (R-WV), Bill Cassidy (R-LA), Cynthia Lummis (R-WY), Ted Budd (R-NC), Mike Lee (R-UT), Jim Risch (R-ID), Mike Crapo (R-ID), Roger Marshall (R-KS), Katie Britt (R-AL), Kyrsten Sinema (I-AZ), John Hoeven (R-ND), John Barrasso (R-WY) and Thom Tillis (R-NC).

“Our broken permitting processes have caused years-long delays and cancellations of all kinds of energy projects. Congress worked in good faith with the Administration and passed legislation to set deadlines and ease some of the procedural delays in the Fiscal Responsibility Act. Unfortunately, this Administration’s expanded NEPA rule goes well beyond what was agreed to and undermines that deal by encouraging agencies to run right up to the deadline and empowering activists to hold up projects in litigation. We must get back to building things, but this rule creates roadblocks that will hold us back. I am proud to work with my friends, Senator Sullivan and Representative Graves, to undo this overreaching rule that undermines the will of Congress,” said Chairman Manchin.

“The Biden administration's final NEPA Phase II rule runs roughshod over the bipartisan, bicameral consensus on streamlining federal permits for the vital infrastructure and energy projects that our country desperately needs,” said Senator Dan Sullivan. “If allowed to stand, this rule will bog down projects with red tape, make them harder to build, put hard-working Americans out of work, and waste taxpayer dollars. My colleagues and I are putting forward a CRA to rescind the Biden administration’s ‘death by delay’ regulatory strategy, and ensure we can deliver the bridges, roads, pipelines, tunnels, ports, runways and energy projects the American people expect. I hope my colleagues will put America’s infrastructure needs and the interests of hard-working Americans above the demands of the far-left radical environmentalists.”

“Instead of implementing the law as stated and taking one step forward, the Biden White House has chosen to roll back consequential progress in permitting reform and take us two steps backwards. The NEPA Phase 2 rule actively undermines the bipartisan consensus that the President signed into law just a year ago and adds complexity and uncertainty outside the direction of Congress,” said Congressman Graves. “We can’t let this rule derail our efforts, and I’m committed to righting this wrong with Senators Manchin and Sullivan. Current regulations don’t work for the environment, and they don’t work for the people – we see more missed opportunities and inflated costs on projects every day. We need to ensure that our nation’s economic development and community needs can progress in a timely and responsible way.”

The resolution is supported by: Agricultural Retailers Association, Alaska Chamber of Commerce, Alaska Oil & Gas Association, Alaska Support Industry Alliance, Alliance for Chemical Distribution, American Chemistry Council, American Coke and Coal Chemicals Institute, American Council for Capital Formation, American Energy Alliance, American Exploration & Production Council, American Exploration and Mining Association, American Farm Bureau Federation, American Forest Resource Council, American Gas Association, American Petroleum Institute, American Pipeline Contractors Association, American Public Gas Association, American Road & Transportation Builders Association, American Trucking Association, Associated Builders and Contractors, Associated General Contractors of America, Associated General Contractors of America – Alaska, Association of American Railroads, Citizens for Responsible Energy Solutions (CRES), ConservAmerica, Distribution Contractors Association, Energy Equipment & Infrastructure Alliance, Energy Workforce and Technology Council, Gas and Oil Association of West Virginia, GPA Midstream Association, Independent Petroleum Association of America, Interstate Natural Gas Association of America, Liquid Energy Pipeline Association, National Asphalt Pavement Association, National Cattlemen’s Beef Association, National Federation of Independent Business, National Hydropower Association, National Mining Association, National Ocean Industries Association, National Ready Mixed Concrete Association, National Rural Electric Cooperative Association, National Sand, Stone, and Gravel Association, National Utility Contractors Association, Plastics Pipe Institute, Power and Communication Contractors Association, Public Lands Council, Resource Development Council for Alaska, The Fertilizer Institute, The Hardwood Federation, U.S. Chamber of Commerce, Water and Sewer Distributors of America, Western Energy Alliance.