Deep Dive 238 - The Future of NEPA Reform

RTP's Fourth Branch Podcast

As a condition of his vote for the Inflation Reduction Act, Sen. Joe Manchin demanded space for his own permitting-reform package in the latest spending bill. While his proposed legislation was ultimately pulled over objections to aspects tangential to permitting, interest in permitting reform remains strong. The target of many reformers’ ire is the current interpretation of the National Environmental Policy Act: a 1970 statute designed to ensure that the government gives adequate consideration to environmental impacts before embarking on major actions. While this has had significant benefits for environmental quality, the review process is often long, costly, and subject to aggressive litigation that often stretches for years. Is it time to rewrite portions of NEPA? And, if so, what should those reforms look like?
Featuring:
David Adelman, Harry Reasoner Regents Chair in Law, The University of Texas at Austin School of Law
James W. Coleman, Robert G. Storey Distinguished Faculty Fellow and Professor of Law, Southern Methodist University Dedman School of Law
[Moderator] Michael Buschbacher, Counsel, Boyden Gray & Associates PLLC
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.