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ARTICLE · 07 DECEMBER 2023

Debt Ceiling Agreement Aims To Speed, Simplify NEPA Review

Marten Law
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The permitting reforms embedded in the recently enacted debt-ceiling agreement[i] (Fiscal Responsibility Act of 2023 or "FRA") have been variously described as modest.

United StatesEnvironment
Lawson Fite
Lawson Fite

The permitting reforms embedded in the recently enacted debt-ceiling agreement1 (Fiscal Responsibility Act of 2023 or "FRA") have been variously described as modest, earthshaking, or maybe somewhere in between.2 As discussed in a previous Marten Law newsletter article by my colleague Shannon Nelson,3 many of the provisions affecting NEPA parallel the "Builder" Act passed by the House, but with important changes. This article examines those changes in depth and highlights the amendments that appear to be the most significant to developers of energy, mining, forestry and other projects requiring federal permits or approvals. Ultimately, it is our view that these changes will bring greater stability and clarity to NEPA decision making.

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