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 scale back delays attributable to what invoice sponsors describe as “frivolous” litigation. After passing the Home, the invoice was referred to the Senate Surroundings and Public Works Committee, which is anticipated to take up the measure in 2026. 

Whereas the invoice, often known as 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 Assets Committee Chair Bruce Westerman (R-Ark.) and Jared Golden (D-Maine), would have restricted the manager department’s potential to reverse earlier choices to advance initiatives following critiques below the Nationwide Environmental Coverage Act (NEPA). Different key provisions embody narrowing the scope of what’s thought-about a “main federal motion” for triggering NEPA, and establishing a 150-day restrict for NEPA claims and challenges. 

Environmental advocates have been sharply essential of the laws even whereas acknowledging that there’s room to streamline undertaking critiques. Matthew Davis, former federal environmental scientist and League of Conservation Voters vice chairman of federal coverage, mentioned 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 gas giveaway that cuts out group enter and places our well being and security in danger.” He added, “Congress needs to be targeted on actual options to skyrocketing vitality costs beginning with stopping Trump’s effort to ban clear vitality and rushing up the approval of grid enhancements and clear vitality initiatives which are low cost and fast to deploy.”

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

Building Trade Assist 

Building business teams usually assist the laws. Related Builders and Contractors’ vice chairman of presidency affairs Kristen Swearingen mentioned the SPEED Act would “present undertaking sponsors and contractors with larger certainty to plan, make investments and ship even probably the most complicated building 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 known as the Portland Cement Affiliation), instructed ENR that the invoice would expedite building of vital vitality, transportation, flood management and different form of important infrastructure initiatives. 

He famous that within the cement manufacturing sector, cement just isn’t solely an important materials for building initiatives, however that additionally, many cement suppliers are contemplating decreasing carbon emissions at their manufacturing services by including carbon seize and sequestration applied sciences. These upgrades can themselves set off NEPA critiques, he mentioned. “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 a great steward of our surroundings doesn’t imply we should tolerate a years lengthy allowing course of that’s onerous, overly complicated and ripe for litigation abuses,”  he mentioned after the passage. “We want 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 preserve vitality independence.” 

Trump loyalists Andy Harris (R-Md.), Chris Smith (R-N.J.) and Jeff Van Drew (R-N.J.), who proposed the modification, mentioned a legislative repair was important to permit the administration to proceed to have the ability to cancel offshore wind initiatives, notably in Maryland and New York, the place many efforts are below growth 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.