McCuskey leads push for EPA cuts to infrastructure red tape

“For too long, NEPA has entangled states, industry, and everyday citizens in years-long reviews, ballooning environmental reports, and endless litigation risk,” the AGs state in their July 27 letter.

According to the states, Congress meant for NEPA to execute its objectives through modest procedural requirements. But the coalition says that soon shifted. Shortly after its enactment, they say special interest groups weaponized NEPA to challenge projects they opposed.

The AGs say the proposed update to EPA’s procedures for implementing NEPA will result in the environmental review process being faster and more predictable without any accountability lost. They say the EPA’s proposed rule requires firm deadlines, page limits and streamlined categorial exclusions so vital projects such as roads, water systems and energy infrastructure can move forward without getting tied up in years of red tape and litigation.

“Liberal eco-activist special interest groups weaponized this Act so that it bogged down critical infrastructure projects, simply because they didn’t like them,” McCuskey said. “Over time, this legislation ballooned to take power Congress didn’t authorize it to have.

“The EPA’s proposed rule reins in how NEPA is used and streamlines the process, which means essential infrastructure projects that West Virginians need move forward faster. It’s a win for everyone.”

The states refer to several changes made in recent years, beginning with the passage of the Fiscal Responsibility Act which was signed into law in 2023. Additionally, they say President Trump, the Supreme Court and Congress all have forged ahead in correcting NEPA abuse.

If the EPA adopts the proposed rule, the AGs say it will take another substantial step toward protecting critical infrastructure from being stalled, or even stopped, by procedural hurdles.

“The result is a NEPA process that works better for everyone it touches: States get faster review for the projects their residents depend on; project sponsors get predictability and, where they want it, the option to pay for speed; the public gets a process still grounded in real accountability; and EPA gets a rule it can defend with confidence, on the merits and in court,” the coalition’s letter states.

Joining West Virginia in signing the letter are the AGs from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas and Wyoming.