ARTBA CEO Bauer’s statement on latest NEPA rule

The White House Council on Environmental Quality (CEQ) today announced its “Phase Two” rule for implementing the National Environmental Policy Act (NEPA), which was intended to align with permitting reforms made law in the Fiscal Responsibility Act (FRA).

While CEQ accepted recommendations not to incorporate its previous GHG guidance, the agency made few other changes from its initial proposal. The final rule de-emphasizes the procedural nature of NEPA reviews, creates new, undefined parameters that must be included in environmental analyses, and may mandate mitigation measures beyond those already required by federal statute.

Please attribute the following statement to ARTBA President and CEO Dave Bauer: “The administration cannot have it both ways – it can either help rebuild and renew the nation’s infrastructure, or it can keep imposing new and expanded regulations.

“The FRA requires agencies to streamline – not complicate – the NEPA process.

“CEQ needs to take this one back to the drawing board and come up with a new plan that balances responsible environmental stewardship with the need for safe, efficient, modern infrastructure.”