A coalition of business associations, headed up by the U.S. Chamber of Commerce, is taking steps to intervene in litigation over reforms to the National Environmental Policy Act (NEPA).
The Chamber, which formed the Unlock American Investment coalition, supported the White House Council on Environmental Quality as they finalized updates to NEPA designed to reduce delays on the permitting process for projects. On average, the group said in a statement, it takes over 4.5 years for a project to reach a NEPA decision, with transportation projects taking up to seven years on average.
“As we confront the dual threats of an economic crisis and climate change, it is more important than ever that reforms to NEPA are implemented,” said Ed Mortimer, vice president of transportation and infrastructure at the U.S. Chamber. “It will simply be impossible to build the infrastructure our nation needs—from telecommunications to roads and bridges to renewable energy—without the reforms the Administration has enacted. That’s why the Chamber and our partners are fully committed to defend this important rule.”
Other associations joining the Chamber in the motion include the American Farm Bureau Federation, American Fuel and Petrochemical Manufacturers, American Forest Resource Council, American Petroleum Institute, American Road and Transportation Builders Association, Federal Forest Resource Coalition, Interstate Natural Gas Association of America, and National Cattlemen’s Wild Beef Association.
The case, Wild Virginia vs. Council on Environmental Quality, filed in U. S. District Court in the Western District of Virginia, claims that NEPA violated the Administrative Procedures Act in making reforms and turned public comment periods into a “paper exercise.”
“In conflict with Congress’ intentions when it created NEPA, the Council on Environmental Quality (CEQ) recently finalized changes to the rules that make NEPA work in the real world. The CEQ ignored procedural steps it was required to take in making this change, and it exceeded its authority, substituting its constricted vision of public participation for that our elected representatives designed,” Wild Virginia said in its blog post about the suit.
The Chamber’s coalition disagrees.
“The government followed an extensive, three-year process in which almost 500,000 supportive comments were received. While it is unfortunate that opponents to the rule are seeking to delay the permitting process for some of the very projects that would help improve the environment, we believe that the changes made were both consistent with the law and appropriate, and we’re hopeful that the Court will grant our motion to allow us to participate in this case,” the group said.