Graves sponsors bipartisan, bicameral resolution to void new CEQ final rule

U.S. Rep. Garret Graves (R-LA) on Tuesday sponsored a bipartisan, bicameral resolution that aims to quash a new environmental review process adopted by the Council on Environmental Quality (CEQ).

House Joint Resolution (H.J.Res.) 168 would provide congressional disapproval of the CEQ’s final rule, “National Environmental Policy Act Implementing Regulations Revisions Phase 2,” which was published in the Federal Register on May 1, and becomes effective on June 30.

“Instead of implementing the law as stated and taking one step forward, the Biden White House has chosen to roll back consequential progress in permitting reform and take us two steps backwards,” Rep. Graves said. 

Rep. Graves introduced H.J.Res. 168 alongside 12 original cosponsors, including U.S. Reps. John Curtis (R-UT), Pete Stauber (R-MN), Kelly Armstrong (R-ND), Stephanie Bice (R-OK), Buddy Carter (R-GA), Michael Burgess (R-TX), and Jared Golden (D-ME). 

U.S. Sen. Joe Manchin (I-WV) sponsored the Senate version, Senate Joint Resolution 99, with 15 original cosponsors, including U.S. Sens. Shelley Moore Capito (R-WV), Bill Cassidy (R-LA), John Hoeven (R-ND), Thom Tillis (R-NC), and Kyrsten Sinema (I-AZ).

The lawmakers oppose the final rule, which revises its regulations for implementing the procedural provisions of the National Environmental Policy Act (NEPA), and for the first time codifies climate change and environmental justice principles, including a definition of “environmental justice,” among other new requirements and actions.

The NEPA Phase 2 rule, Graves said, “actively undermines” the bipartisan consensus that President Joe Biden signed into law a year ago and adds complexity and uncertainty outside the direction of Congress.

“We can’t let this rule derail our efforts, and I’m committed to righting this wrong,” said Rep. Graves. “Current regulations don’t work for the environment, and they don’t work for the people — we see more missed opportunities and inflated costs on projects every day. We need to ensure that our nation’s economic development and community needs can progress in a timely and responsible way.”

In their joint statement, Sen. Manchin said that the nation’s permitting processes are broken and have caused years-long delays and cancellations for numerous types of energy projects. 

“Unfortunately, this administration’s expanded NEPA rule goes well beyond what was agreed to and undermines that deal by encouraging agencies to run right up to the deadline and empowering activists to hold up projects in litigation,” he said.

If enacted, the resolution would ensure that the final rule “shall have no force or effect,” according to the text.