SPEED Act NEPA Reform

Summary#

The SPEED Act amends the National Environmental Policy Act (NEPA). It says NEPA is a procedural statute and clarifies how agencies must do environmental reviews. Key changes in the bill include:

  • A narrower scope for what environmental effects agencies may consider: agencies may only consider effects that are proximately caused by the immediate project and must exclude speculative or distant effects.
  • Allowing agencies to rely on similar reviews done under other Federal statutes, and on State or Tribal environmental reviews when the lead agency determines those reviews meet NEPA requirements.
  • Limits on new scientific or technical research: agencies are generally not required to do new research unless it is essential, and agencies do not have to consider research made public after an application is received or after a notice to prepare an environmental document is published.
  • Changes to timing and coordination rules for unified Federal reviews, including limiting cooperating agency comments to matters within their legal jurisdiction and giving applicants a role in approving deadline extensions.
  • Extending the timeframe for programmatic environmental documents from 5 to 10 years.
  • Clarifying adoption and establishment of categorical exclusions, including recognition of exclusions created by Congress.
  • Defining "reasonably foreseeable" environmental effects more narrowly and saying a provision of Federal funds alone does not make an action a major Federal action.
  • Adding "energy" to the list of topics agencies consider under duties of NEPA.
  • New judicial review rules: courts must defer to agencies unless the court finds an abuse of substantial discretion and that the agency would have reached a different result; remands to agencies must include specific correction instructions and generally must be completed within 180 days; remanded agency actions generally remain in effect while fixes are made; claims must be filed within 150 days after final agency action (with special requirements for parties that participated in public comment); and courts must resolve claims and appeals on expedited schedules.
  • The completion of an environmental assessment, environmental impact statement, a finding of no significant impact, or a categorical exclusion determination is not considered a final agency action for certain judicial review purposes.

What it means for you#

  • If you apply for permits or approvals that require NEPA review: the bill sets clear deadlines and limits on what new information agencies must consider after application or notice. It also gives applicants a role in approving some review schedule extensions.
  • If you participate in public comment: to bring a later court challenge about an environmental document, you generally must have submitted a substantive and unique comment during the public comment period that put the agency on notice of the issue.
  • If you rely on a State or Tribal environmental review or another Federal statute: a lead agency may accept those reviews as meeting NEPA if the agency determines they are adequate.
  • If you are involved in litigation over NEPA compliance: courts would use a stricter standard of review, remands would include deadlines (often 180 days), and many NEPA-related court deadlines and appeals would be sped up.

Expenses#

No publicly available information.

Proponents' View#

The bill states its purpose is to "clarify ambiguous provisions and facilitate a more efficient, effective, and timely environmental review process." Supporters in the text frame the changes as aiming to make NEPA reviews more predictable and quicker by narrowing scope, setting timing rules, and standardizing procedures.

Opponents' View#

No publicly available information.