Sullivan's Disapproval Resolution Would Reinstate NEPA Permitting Reforms

A vote on Senator Dan Sullivan’s joint resolution of disapproval (SJ Res. 55) is scheduled for the Senate floor this afternoon at 1:45 pm ET.

Sen. Sullivan’s resolution under the Congressional Review Act (CRA) would restore reforms to the federal permitting process implemented under the previous administration and promptly reversed by President Biden when he entered the White House.

Sen. Sullivan's resolution has the support of all 49 of his Senate Republican colleagues – and for good reason since the Biden rule reinstated many of the things that were broken with the federal permitting process under the National Environmental Policy Act (NEPA).

When President Nixon signed NEPA into law in 1970, he intended the new law to prevent environmental disasters by requiring major infrastructure projects to undergo an environmental review process that took approximately a year, sufficient time to identify potential hazards and make changes.

Today, the NEPA process has been weaponized and politicized in what can only be described as a tool to block development, including badly needed national infrastructure improvements. The average environmental review under NEPA now takes up to six years to complete, with many projects taking much longer, delaying much-needed investment in infrastructure and American energy projects.

The previous administration adopted new guidelines to streamline the review process while maintaining core NEPA environmental protections. The changes, while minor, were long overdue.

The Biden administration's NEPA revisions represent a substantial rollback of President Trump's 2020 reforms – the first major modernization of federal environmental reviews since 1978.

During an economic and global health crisis, the Trump administration issued an executive order streamlining and expediting the permitting process for infrastructure projects to reduce unnecessary regulatory delays hindering the nation's economic recovery.

Under President Biden, the White House Council on Environmental Quality (CEQ) revised the Trump-era permitting reforms and issued a new Phase 1 rule for NEPA in April that make it more difficult to permit infrastructure projects, specifically energy infrastructure projects.

Sen. Sullivan, an Alaskan who knows something about energy supply and demand, blasted the Biden regulations in a recent speech on the Senate floor for imposing millions of dollars in costs from NEPA-related delays. Sullivan said the Biden regulations would result in lengthier review processes and unpredictable legal challenges, which will have a "chilling impact on private investment" in infrastructure and energy projects.

The Congressional Review Act allows members of Congress to reject – or disapprove – a regulatory decision made by the executive branch by a majority vote. Because disapproval resolutions are privileged under Senate rules, the Majority Leader must bring it up for a vote regardless of their stance on the underlying issue.

The disapproval resolution vote is a critical decision point for the Senate and the country as a whole, which continues to struggle with the economic impacts of the pandemic and now faces historical inflation levels. We cannot afford to go backward on permitting reform and allow badly needed investment in our infrastructure and energy security to be delayed.

West Virginia Democrat Sen. Joe Manchin has reportedly struck a deal with his fellow Democrats to consider a separate package of permitting reforms through Congress's regular committee process in exchange for his support for including the White House's environmental and climate priorities in reconciliation. But why wait? Why not vote on regulatory reform before the reconciliation package?

In the meantime, Sen. Sullivan's disapproval resolution is the quickest way to start rebuilding America. As the country teeters on the verge of another recession, a vote for Sen. Sullivan's disapproval resolution is the only reasonable action for the Senate to take to move our country forward.