Debt Ceiling Legislation Includes First NEPA Reform In Over 50 Years

On June 3, 2023, President Biden signed a legislative package, formally known as the Fiscal Responsibility Act of 2023, that raises the nation's debt ceiling, narrowly avoiding a default on the federal government payment obligations as of June 5. Importantly, the negotiated package includes reforms to the National Environmental Policy Act ("NEPA") that are intended to expedite the process for obtaining federal approvals. While the reforms are far less ambitious than the permitting reforms originally proposed by the House, they still modify a statute that has not been modified since its enactment in 1970.

Background

NEPA directs Federal agencies to "use all practicable means and measures . . . to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans." 42 U.S.C. 4331(a). In pursuit of that directive, NEPA requires Federal