Congress Streamlines NEPA As Part Of Debt Ceiling Package: How Much Has Really Changed?

The Fiscal Responsibility Act of 2023 (FRA) amended the National Environmental Policy Act (NEPA),¹ in an effort to streamline permitting of "major federal actions." It has been nearly 50 years since NEPA was last amended.² The NEPA amendments reflect bipartisan recognition that the NEPA process had become uncertain, hindering completion of important infrastructure projects.³ The amendments codify some existing practices, narrow the scope of actions subject to NEPA, introduce process reforms to promote efficiency and certainty, and adopt statutory timelines for completion of required documentation. However, the amendments do not address all the causes of delay in project approval, so their overall impact will likely be limited.