They say diamonds are forever, and so too are many outdated laws. These obsolete laws still on the books would be comical if they weren’t so constricting. Thankfully, an excellent opportunity exists to repeal one especially cumbersome law: the National Environmental Policy Act (NEPA).
For all the French fry lovers out there, you might be relieved to know that the government regulates the viscosity of ketchup. Ever thought about trying your hand at being an auctioneer? In Rhode Island, pretending to be an auctioneer is illegal, so don’t talk too fast without a permit. In Oklahoma, my beloved home state, wrestling a bear is against the law. I am not sure why, really, because most Oklahomans would be proud to shoot a bear and mount it on the wall. Maybe wrestling bears is a form of cruel and unusual punishment for humans.
Those are a few silly examples, but outdated laws can be serious business. One such law is NEPA. It is killing the environment and handcuffing America’s ability to compete with China. This law and the resulting regulations require all federal infrastructure and energy projects to undergo an environmental review process.
I’m all for being a good steward of our environment — we all live here. But this law has become an overly burdensome and bureaucratic obstacle to a cleaner environment. At the federal level, NEPA allows lawyers to tie up almost any project in red tape. That slows energy and environmental progress and drives up costs — ironically, even for newer, cleaner energy and infrastructure projects that would ultimately benefit the environment.
On average, NEPA delays energy projects in the U.S. by 4.5 years and spikes costs by $4.2 million per project. That doesn’t even include what taxpayers are paying the federal government to manage this paralyzing process.
These costs are prohibitive, burying projects that should be profitable. Want to build a solar farm on otherwise unusable “brownfield” federal lands? Add $4.2 million to the price tag and 4.5 years to the schedule. Want to make a natural gas pipeline to reduce interstate traffic and pollution? Add at least $4.2 million and a minimum of 4.5 years. Perhaps the wait is longer. Perhaps it never ends. Pick your favorite technology and energy source: NEPA declares your project guilty, and you must prove your environmental innocence. Talk about un-American.
For years, the Conservative Coalition for Climate Solutions, or C3 Solutions, has advocated for NEPA reform. We have proposed various ways to streamline NEPA review. Congress even came close to modernizing NEPA last year with the help of Senator John Barrasso (R-WY) and former Senator Joe Manchin (D-WV). They gave it a valiant effort, but honestly, even if that bill had become law, the nation would still be wrapped in restrictive regulatory processes with lawyers discussing how to move forward based on years of regulations and case law.
It’s time to get serious about NEPA, which requires a full repeal. Throw it out completely. NEPA is outdated, now actually hurting the environment, and handcuffing our ability to compete with China. It’s time to unleash American energy, the cleanest energy in the world.
That’s even more true if you’re someone who thinks that responding to climate change is the most important issue of our time. NEPA is one of the biggest roadblocks for reducing emissions in the U.S., severely slowing or stopping altogether clean nuclear power plants, advanced geothermal, hydropower, solar, wind and natural gas pipelines from being built.
NEPA may have been a good idea when it was signed in 1970. At that time, there were fewer environmental protections in place at all. The Cuyahoga River, for example, caught fire in 1969 — highlighting the need for environmental reform. NEPA, however, was poorly constructed. Comprising about 3,200 words, it was set up as a procedural law, meaning that it left a lot of leeway for federal agencies to interpret and administer it, resulting in increasing regulatory and judicial complexity over the years, which is great business for lawyers and consultants, but terrible for business and building things. It is also worth noting that the Clean Water Act and Clean Air Act were signed into law shortly after.
NEPA is simply no longer needed and is hurting the environment and American competitiveness. Businesses should be held to a high environmental standard, and a myriad of federal, state, and local laws are on the books to ensure that.
I’m not sure the best analogy here – maybe it’s that businesses should be considered innocent unless proven guilty. Or maybe it’s like when you get your driver’s license, you are then free to drive when and where you want within the public right-of-ways.. Imagine if you had to ask the government every time you wanted to take a road trip! But whether you’re a business or a driver, when you break the law, you pay the price. The same is true for holding polluters accountable.
The bottom line is that NEPA is superfluous and holding American energy dominance back. Pick your reason and analogy, but it’s time for NEPA to go.
The views and opinions expressed are those of the author’s and do not necessarily reflect the official policy or position of C3.