Capito and Sullivan work to undo Biden’s onerous NEPA rules and save historic infrastructure investments

WASHINGTON DC —U.S. Senator Shelley Moore Capito (RW.Va.), a ranking member of the Environment and Public Works (EPW) committee, joined her colleague Dan Sullivan (R-Alaska) to present SJ Res. 55a joint resolution of disapproval under the Congressional Review Act (BOW). With their 48 Republican colleagues in the Senate, the senators are preparing to cancel the new regulations of the Biden administration, National Environmental Policy Act (NEPA) Revisions to Implementing Regulations”, it will further bog down the already onerous federal environmental review process and further delay the construction of vital infrastructure projects and the return to work of hard-working Americans.

“One of the biggest complaints I hear from contractors back home is the NEPA environmental review process, a long and costly maze of federal bureaucracy. Due to the Biden administration’s NEPA policy, all projects we have just invested in with the bipartisan Infrastructure Investment and Employment Act are now marred by bureaucracy. The administration seems determined to make building infrastructure as difficult as possible,” said ranking member Capito. “That is why I am proud to join my friend Senator Sullivan in this common-sense resolution. We need reform of the environmental review process in this country now.

“I want to thank all of my fellow Republicans for co-sponsoring this resolution. A broad coalition in Congress last year included common sense enabling reforms in the bipartisan infrastructure bill to ensure the projects would not be not blocked by endless reviews and delays,” he added. said Senator Sullivan. “Remarkably, these important federal red tape reduction provisions, supported by American workers, are now being killed by the Biden administration’s new NEPA regulations. The bridges and roads, pipelines and tunnels, ports and runways promised to American taxpayers will now suffer from a growing regulatory quagmire. It doesn’t have to be that way. When NEPA was originally enacted, the average environmental impact assessment took less than a year. Today, the average HIA takes four to six years to complete at a cost of several million dollars. My resolution will help put an end to this bureaucratic stagnation. Due to the provisions of the Congressional Review Act, my fellow Senate Democrats will have to vote and make a choice: will they capitulate to far-left radical environmentalists, or will they stand with the American people and the hard-working men and women in this country who are building the physical infrastructure projects we need? No one will hide from this vote. It will be very interesting to see who my fellow Democrats hang out with. I know who I represent: the men and women who are building our country.

The ARC resolution is co-sponsored by Senators Mitch McConnell (R-Ky.), John Thune (RS.D.), John Barrasso (R-Wyo.), Kevin Cramer (RN.D.), Ted Cruz ( R-Texas), Steve Daines (R-Mont.), John Hoeven (RN.D.), Mike Lee (R-Utah), Pat Toomey (R-Pa.), Rand Paul (R-Ky.), Jim Inhofe (R-Okla.), Roger Marshall (R-Kan.), Marsha Blackburn (R-Tenn.), Tommy Tuberville (R-Ala.), Joni Ernst (R-Iowa), Chuck Grassley (R-Iowa) , Ben Sasse (R-Neb.), Roger Wicker (R-Miss.), Bill Hagerty (R-Tenn.), John Kennedy (R-La.), Mike Crapo (R-Idaho), Jim Risch (R- Idaho), Mike Rounds (RS.D.), Cindy Hyde-Smith (R-Miss.), Rick Scott (R-Fla.), Lisa Murkowski (R-Alaska), Bill Cassidy (R-La.), Ron Johnson (R-Wisc.), James Lankford (R-Okla.), Mitt Romney (R-Utah), Josh Hawley (R-Mo.), Rob Portman (R-Ohio), Tom Cotton (R-Ark.) , Thom Tillis (RN.C.), Cynthia Lummis (R-Wyo.), John Boozman (R-Ark.), Richard Burr (RN.C.), Richard Shelby (R-Ala.), Deb Fischer (R -Neb.), Jerry Moran (R-Kan.), Todd Young (R-Ind.), John Co rnyn (R-Texas), L indsey Graham (RS.C.), Marco Rubio (R-Fla.), Roy Blunt (R-Mo.), Tim Scott (RS.C.), Mike Braun (R-Ind .) and Susan Collins (R-Maine).


The Biden administration’s recently enacted NEPA rules, written by the White House Council on Environmental Quality (CEQ), undermine important provisions in the Infrastructure Investment and Employment Act intended to streamline key elements of our broken federal environmental review process, which Ranking Member Capito and Senator Sullivan played a leading role in drafting. Additionally, the Biden administration’s NEPA rules are a substantial rollback from the Trump administration’s 2020 NEPA regulations, which were the first major modernization of federal environmental reviews since 1978.

The CRA provides Congress with an expedited mechanism to override certain regulations and actions of federal agencies through a joint resolution of disapproval. A joint resolution of disapproval under the ARC benefits from special procedures, bypassing normal Senate rules and allowing for a vote in the Senate. If a joint ARC resolution of disapproval is approved by a simple majority in both houses of Congress and signed by the president — or if Congress successfully overrides a presidential veto — the rule is invalidated.

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