Amicus Curiae Brief — Seven County Infrastructure Coalition, et al., Petitioners v. Eagle County, Colorado, et al.

Supreme Court briefOct 25, 2024

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No. 23-975

In the Supreme Court of the United States

SEVEN COUNTY INFRASTRUCTURE COALITION, ET AL.,

PETITIONERS

EAGLE COUNTY, COLORADO, ET AL.,

RESPONDENTS

ON WRIT OF CERTIORARI

TO THE U.S. COURT OF APPEALS FOR THE DISTRICT OF

COLUMBIA CIRCUIT

BRIEF FOR 30 MEMBERS OF THE U.S. HOUSE AND

SENATE

AS AMICI CURIAE IN SUPPORT OF RESPONDENTS

CALE JAFFE

UNIV. OF VIRGINIA SCHOOL OF

LAW ENVIRONMENTAL LAW &

COMMUNITY ENGAGEMENT

CLINIC

580 Massie Road

Charlottesville, VA 22903

XIAO WANG

Counsel of Record

UNIV. OF VIRGINIA SCHOOL OF

LAW SUPREME COURT

LITIGATION CLINIC

580 Massie Road

Charlottesville, VA 22903

(434) 924-8956

x.wang@law.virginia.edu

Counsel for Amici Curiae

TABLE OF CONTENTS

Table of authorities ............................................................ iii

Interest of amici ................................................................... 1

Introduction and summary of argument ........................... 6

Argument .............................................................................. 9

I. Congress enacted NEPA to provide for

proactive and coordinated environmental

review. ............................................................................. 9

II. Congress continues to embrace NEPA’s

holistic approach........................................................... 12

A. Congress has actively changed NEPA

and sought to shape its contours since its

enactment. ............................................................... 12

B. Congress has adapted NEPA over the

years

but

has

left

interagency

coordination untouched. ........................................ 15

C. Petitioners and their amici seek from the

Court the same relief they tried and failed

to obtain in Congress. ............................................ 17

Conclusion ........................................................................... 22

Appendix: Proposed Bills Amending, Exempting, and/or

Incorporating NEPA ................................................... 1a

TABLE OF AUTHORITIES

Page(s)

Cases

AMG Cap. Mgmt, LLC v. Fed. Trade Comm’n, 593

U.S. 67 (2021) .................................................... 12, 13, 15

Bob Jones Univ. v. United States, 461 U.S. 574

(1983) ............................................................................. 15

Cannon v. Univ. of Chicago, 441 U.S. 677 (1979) .......... 7

City of New Orleans v. Dukes, 427 U.S. 297 (1976) ....... 8

Day-Brite Lighting, Inc. v. Missouri, 342 U.S. 421

(1952) ............................................................................... 8

Kimble v. Marvel Ent., LLC, 576 U.S. 446 (2015) ....... 17

Monesson Sw. R. Co. v. Morgan, 486 U.S. 330

(1988) ............................................................................. 12

Sec. Indus. Ass’n v. Bd. of Gov. of Fed. Res. Sys., 468

U.S. 137 (1984) ................................................................ 8

Sierra Club v. FERC (Sabal Trail), 867 F.3d 1357

(D.C. Cir. 2017) ............................................................. 14

Solid Waste Agency of Northern Cook County v. U.S.

Army Corps of Engineers, 531 U.S. 159 (2001) .. 13, 15

Virginia Uranium, Inc. v. Warren, 587 U.S. 761

(2019) ............................................................................. 20

iii

Statutes and Constitutional Provisions

43 U.S.C. § 1652 ............................................................... 17

42 U.S.C. § 4321 ........................................................... 5, 19

42 U.S.C. § 4332 ............................................................... 18

42 U.S.C. § 4336a ............................................................. 18

42 U.S.C. § 7609 ............................................................... 15

Energy Policy Act of 2005, 42 U.S.C. § 15942 .... 8, 16, 20

BUILDER Act, Fiscal Responsibility Act of 2023,

Pub. L. No. 118-5, § 321, 137 Stat. 10, 38

.................................................................. 8, 16, 17, 18, 19

Building Chips in America Act of 2023, Pub. L. No.

118-105, 138 Stat. 1587 ........................................... 13, 16

Consolidated Appropriations Act, 2024, Pub. L.

118-42, 138 Stat. 25 ................................................... 8, 20

Fiscal Responsibility Act of 2023, Pub. L. No. 118-5,

§ 324, 137 Stat. 10 ......................................................... 17

Fixing America’s Surface Transportation (“FAST”)

Act, Pub. L. No. 114-94, § 330, 129 Stat. 1312 ....... 8, 16

Fixing America’s Surface Transportation (“FAST”)

Act, Pub. L. No. 114-94, § 1304, 129 Stat. 1312 ........ 18

Ike Skelton National Defense Authorization Act for

Fiscal Year 2011, Pub. L. No. 111-383 ....................... 16

National Defense Authorization Act for Fiscal Year

2010, Pub. L. No. 111-84, § 3512, 123 Stat. 2190

(2009) ............................................................................. 16

Proposed Legislation

H.R. 1, 118th Cong. (2023) (Lower Energy Costs

Act)................................................................................. 19

H.R. 672, 111th Cong. (2009) .......................................... 16

H.R. 1577, 118th Cong. § 2(a)(3)(B), 2(b) (2023) .......... 19

H.R. 3515, 101st Cong. (1989) ........................................ 14

H.R. 4732, 93rd Cong. (1973) ......................................... 14

H.R. 9012, 117th Cong. (2022) ........................................ 15

H.R. 15780, 91st Cong. (1970) ........................................ 14

S. 258, 113th Cong. (2013) (Grazing Improvement

Act)................................................................................. 20

S. 953, 112th Cong. (2011) (Offshore Production and

Safety Act of 2011) ....................................................... 20

S. 1304, 101st Cong. (1989) ............................................. 14

S. 1668, 93d Cong. (1973) ................................................ 14

S. 3754, 118th Cong. (2024) ............................................ 14

S. Amend. 1111, 118th Cong., 169 Cong. Rec. S4400

(daily ed. Sept. 12, 2023) .......................................... 8, 21

S. Rep. No. 91-296 (1969).............................. 7, 8, 9, 10, 11

S. Rep. No. 91-1196 (1970).............................................. 15

Other Authorities

115 Cong. Rec. 29053 (1969) ............................................. 9

115 Cong. Rec. 29084 (1969) ..................................... 11, 21

115 Cong. Rec. 29085 (1969) ........................................... 11

115 Cong. Rec. 40419 (1969) ............................................. 9

115 Cong. Rec. 40423 (1969) ........................................... 11

CONGRESSIONAL WHITE PAPER ON A NATIONAL

POLICY FOR THE ENVIRONMENT (Comm. Print.

1968) ............................................................................... 11

Council on Env’t Quality, Introducing Federal

Environmental Policy Act Practitioners to the

Georgia Environmental Policy Act (2015) ................. 18

Joint House-Senate Colloquium to Discuss a National

Policy for the Environment: Hearing Before the

Comm. on Interior and Insular Affs. U.S. S. and the

Comm. on Science and Astronautics U.S. H.R., 90th

Cong. 15 (1968) ......................................................... 9, 10

National Environmental Policy: Hearing Before the

Comm. on Interior and Insular Affs. on S. 1075, S.

237, and S. 1752, 91st Cong. 27 (1969) ..................... 6, 7

National Environmental Policy: Hearing Before the

Comm. on Interior and Insular Affs. on S. 1075, S.

237, and S. 1752, 91st Cong. 116 (1969) ..................... 11

Secondary Sources

Teresa Sabol Spezio, The Santa Barbara Oil Spill and

Its Effect on United States Environmental Policy,

10 Sustainability 2750 (2018) ....................................... 10

Richard F. Weingroff, Addressing the Quiet Crisis:

Origins of the National Environmental Policy Act of

1969, U.S. Dep’t of Transp., Fed. Highway Admin.

(Jan. 15, 2009), https://perma.cc/P2XC-EADF ......... 10

INTEREST OF AMICI CURIAE1

Amici curiae, the Honorable Raúl M. Grijalva and the

Honorable Edward J. Markey, along with twenty-eight of

their House and Senate colleagues, are members of

Congress with a strong interest in ensuring

implementation of the National Environmental Policy Act

(“NEPA”) consistent with Congressional intent.

Amici chair or serve on key committees with

jurisdiction over environmental issues, natural resources,

and infrastructure:

•

Rep. Grijalva was Chair of the House Committee

on Natural Resources during the 116th and 117th

Congress and currently serves as the Committee’s

Ranking Member.

Sen. Markey is Chair of the Senate Subcommittee

on Clean Air, Climate, and Nuclear Safety and

serves on the Senate Committee on Commerce,

Science and Transportation.

Rep. McGovern, who serves on the House

Committee on Agriculture and is the Ranking

Member of the House Committee on Rules.

Rep. Velázquez, who serves on the House

Committee on Natural Resources, the House

Committee on Financial Services, and is Ranking

Pursuant to Rule 37.6, counsel for amici curiae certifies that no

person or entity other than amici curiae and their counsel authored

this brief in whole or in part. No person other than amici curiae and

their counsel made a monetary contribution to its preparation or

submission of the brief.

•

Member of the House Committee on Small

Business.

Sen. Carper is Chair of the Senate Committee on

Environment and Public Works.

Sen. Sanders is Chair of the Senate Committee on

Health, Education, Labor and Pensions and serves

on the Senate Committee on Energy and Natural

Resources.

Sen. Wyden is Chair of the Senate Committee on

Finance and serves on the Senate Committee on

Energy and Natural Resources.

Joining them on this brief as amici curiae are:

•

Rep. Adams, who serves on the House Committee

on Agriculture and House Committee on

Education and Labor.

Rep. Barragán, who serves on the House

Committee on Energy and Commerce.

Rep. Beyer, who serves on the Joint Economic

Committee and the House Committee on Ways

and Means.

Rep. Blumenauer, who serves on the House

Committee on Ways and Means.

Rep. Brownley, who serves on the House

Committee on Transportation and Infrastructure.

Rep. Bush, who serves on the House Committee on

Oversight and Accountability and is Ranking

Member of the House Subcommittee on Economic

Growth, Energy Policy, and Regulatory Affairs.

•

Rep. Case, who serves on the House Committee on

Appropriations and the House Committee on

Natural Resources.

Rep. Casten, who serves on the House Committee

on Financial Services and the House Committee on

Science, Space, and Technology.

Rep. Cohen, who serves on the House Committee

on Transportation and Infrastructure and the

House Subcommittee on Railroads, Pipelines, and

Hazardous Materials.

Rep. Connolly, who serves on the House

Committee on Oversight and Accountability and

the House Committee on Foreign Affairs.

Rep. Huffman, who serves on the House

Committee on Natural Resources and the House

Committee on Transportation and Infrastructure.

Rep. Jayapal, who serves on the House Committee

on the Judiciary and the House Committee on

Education and the Workforce.

Rep. Kamlager-Dove, who is vice-ranking member

of the House Committee on Natural Resources and

serves on the House Committee on Foreign

Affairs.

Rep. Lee, who serves on the House Committee on

Appropriations and the House Committee on the

Budget.

Rep. Levin, who serves on the House Committee

on Natural Resources and the House Committee

on Veterans’ Affairs.

Rep. Mullin, who serves on the House Committee

on Natural Resources and the House Committee

on Science, Space, and Technology.

•

Rep. Norton, who serves on the House Committee

on Oversight and Accountability and the House

Committee on Transportation and Infrastructure.

Rep. Ocasio-Cortez, who serves on the House

Committee on Oversight and Accountability and

the House Committee on Natural Resources.

Rep. Schakowsky, who serves on the House

Committee on Energy and Commerce and is

Ranking Member of the House Subcommittee on

Innovation, Data, and Commerce.

Rep. Tlaib, who serves on the House Committee on

Financial Services and the House Committee on

Oversight and Accountability.

Rep. Tonko, who serves on the House Committee

on Energy and Commerce and the House

Committee on Science, Space, and Technology.

Sen. Merkley is Chair of the Senate

Appropriations Subcommittee on Interior,

Environment, and Related Agencies, and serves on

the Senate Environment and Public Works

Committee.

Sen. Van Hollen, who serves on the Senate

Committee on Appropriations and the Senate

Committee on Banking, Housing and Urban

Affairs.

Through their years of work as elected Senators and

Representatives, amici are familiar with Congress’s

intent to establish “a national policy which will encourage

productive and enjoyable harmony between man and his

environment,” by creating an environmental review

process that ensures public involvement, requires

thorough evaluation of project impacts, and “promote[s]

efforts which will prevent or eliminate damage to the

environment.” 42 U.S.C. § 4321.

INTRODUCTION & SUMMARY OF ARGUMENT

In urging the Court to reverse, Petitioners portray

Congress as a largely passive actor in the decades

following NEPA’s enactment, sitting by idle while the

Environmental Impact Statement (“EIS”) “took on a life

of its own, with environmental and industry groups

seizing on NEPA compliance . . . [to] creat[e] such delay

as to completely impede the progress of a project.” Pet.

Br. at 4 (citation omitted). Petitioners’ amici echo this

refrain, with a brief from six Senators claiming that,

though Congress enacted NEPA “[a]s a common-sense

statute imposing only procedural precautions,” “many

lower court decisions” have “transform[ed]” the law “into

a roving environmentalist mandate.” Barrasso Br. at 2–3.

The solution, for Petitioners and their amici alike, is to

relegate NEPA to a “modest procedural check,” Pet. Br.

at 4; a “quite modest, even minimalist” Congressional

“directive,” CEA Br. at 4; and a “narrow procedure” that

agencies undertake as part of the project development

process, Barrasso Br. at 4.

Our experience as members of the legislative body

that has debated, modified, and updated NEPA over

several decades makes clear that such characterizations

miss the mark.

To start, the path forward is not a return to some

bygone past, of NEPA as a “minimalist” or “modest”

requirement that agencies must check on their way to

project approval. Those bygone days never happened, for

a simple reason: Congress never meant for NEPA to be

a “narrow,” ministerial, box-checking formality. Barrasso

Br. at 4. To the contrary, NEPA became law because,

before its enactment, environmental policy was “too

narrow, too limited, and too specialized.” National

Environmental Policy: Hearing Before the Comm. on

Interior and Insular Affs. on S. 1075, S. 237, and S. 1752,

91st Cong. 27 (1969) (statement of Sen. Jackson). There

was no mandate calling for interagency coordination or

collaboration. What NEPA did, then, was “supplement

existing, but narrow and fractionated, congressional

declarations” by establishing an “orderly, rational, and

constructive” procedure for considering the environment

in agency decision-making. S. REP. NO. 91-296, at 9

(1969). That is exactly the approach the D.C. Circuit took

below, when it understood NEPA to require the Surface

Transportation Board to assess both the upstream and

downstream impacts of the Uinta railway and to consult

other agencies while doing that assessment.

Nor is this a case, as Petitioners and their amici seem

to suggest, where Congress passed a law and then fell

asleep at the wheel while that law metastasized into an

unmanageable, bureaucratic roadblock. Instead, as

representatives who have considered a myriad of NEPA

reform bills with our colleagues, we say with confidence

that Congress has repeatedly enacted changes to NEPA

and is clearly “aware” of how the law has been interpreted

by agencies and courts. Cannon v. Univ. of Chicago, 441

U.S. 677, 697 (1979). The many efforts—successful and

unsuccessful—to legislate with that interpretation firmly

in the background reflect that Congress has

“acquiesce[d]”

and

“affirmed”

the

long-held

understanding of NEPA as embraced and applied by the

D.C. Circuit. Id. at 703.

Indeed, a careful review of these legislative efforts

demonstrates that Congress has actively and

continuously sought to shape NEPA since its passage,

with more than 550 bills put forward. Several of those

bills have become law, including the Energy Policy,

FAST, and BUILDER Acts. But none of these laws have

altered NEPA’s fundamental mission: to require that “all

Federal agencies plan and work toward meeting the

challenge of a better environment.” S. REP. NO. 91-296,

at 9 (1969). And even more tellingly, the bills that have

failed underscore exactly why Petitioners have come

knocking on the wrong government door for relief.

Senator Mike Lee, for instance, is one of the six

signatories to the Petitioners-side Congressional brief.

He was also the lead sponsor of an amendment to the 2024

Consolidated Appropriations Act. Pub. L. 118-42, 138

Stat. 25. That amendment, if passed, would have

exempted from NEPA the railroad project at issue here;

it would have also ended this specific case and denied

further judicial redress on the NEPA claims. S. Amend.

1111, 118th Cong., 169 CONG. REC. S4400 (daily ed. Sept.

12, 2023). But that effort failed. And in the same vein,

Congress considered various amendments to the

BUILDER Act that would have also eviscerated NEPA

along the lines that Petitioners pursue here. That effort

was likewise unavailing.

This Court has emphasized time and again that it does

not “sit as a super-legislature and create statutory

distinctions where none were intended.” Sec. Indus.

Ass’n v. Bd. of Gov. of Fed. Res. Sys., 468 U.S. 137, 153

(1984) (cleaned up); accord City of New Orleans v. Dukes,

427 U.S. 297, 303 (1976); Day-Brite Lighting, Inc. v.

Missouri, 342 U.S. 421, 423 (1952). Yet that is just what

Petitioners and their amici seek. Congress considered,

but declined, to give a hall pass to the Uinta project. It

has likewise considered, but declined, to restrict the scope

of judicial review. And even as it has adopted other

changes to NEPA, it has consistently rejected efforts to

strip the law of its emphasis on interagency processes and

coordination. There is no reason, when Petitioners and

their amici have failed at each turn to obtain their desired

legislative solution in a legislative forum, that they should

now obtain this same solution in a judicial forum.

ARGUMENT

I. CONGRESS ENACTED NEPA TO PROVIDE

FOR

PROACTIVE

AND

COORDINATED

ENVIRONMENTAL REVIEW.

To understand why Congress needed a statute like

NEPA to require large-scale, cross-agency action, one

need first consider the state of environmental law preNEPA.

At the time, the Clean Air Act, Water Pollution

Control Act, and other laws offered a patchwork of

substantive environmental protections.

No statute,

though, “provide[d] an effective or orderly manner to

consider all forms of environmental degradation,”

particularly those which might cut across geography and

jurisdiction. 115 CONG. REC. 29053 (1969). Many agencies

did not “have a mandate within the body of their enabling

laws to allow them to give adequate attention to

environmental values,” S. REP. NO. 91-296, at 14 (1969),

much less the “clear authority to assure consideration of

environmental factors which conflict with other Federal

objectives,” 115 CONG. REC. 40419 (1969).

The results of this blinkered approach were

predictable.

In describing the Tennessee Valley

Authority (“TVA”), for instance, then-Interior Secretary

Stewart Udall observed that “their mission was to

produce electric power as cheaply as possible.” But he

bemoaned where this narrow focus led the Authority; if

sticking to this mission “destroyed resources, rivers and

hillsides, and ruined parts of the country outside the TVA

area for all time, this was none of their business.” Joint

House-Senate Colloquium to Discuss a National Policy

for the Environment: Hearing Before the Comm. on

Interior and Insular Affs. U.S. S. and the Comm. on

Science and Astronautics U.S. H.R., 90th Cong. 15 (1968).

Nor was the TVA some unique creature of federal law.

“Many of the environmental controversies” of the day

were “caused by the failure to consider all relevant points

of view in the planning and conduct of Federal activities,”

S. REP. NO. 91-296, at 20 (1969), with the unintended,

environmental impacts following a major California oil

spill serving as the lynchpin behind NEPA’s drafting and

ultimate passage, Teresa Sabol Spezio, The Santa

Barbara Oil Spill and Its Effect on United States

Environmental Policy, 10 Sustainability 2750 (2018).

Thus, when introducing the Act, lead sponsor Henry

Jackson chided lawmakers for constantly “reacting to

crisis situations in the environmental field.” Richard F.

Weingroff, Addressing the Quiet Crisis: Origins of the

National Environmental Policy Act of 1969, U.S. Dep’t

of Transp., Fed. Highway Admin. (Jan. 15, 2009),

https://perma.cc/P2XC-EADF. “What we should be

doing,” Jackson underscored, “is setting up institutions

and procedures designed to anticipate environmental

problems before they reach the crisis stage.” Id.

Other members of Congress shared that view:

environmental disasters should no longer be “the spinoff,

the fallout, and the unanticipated consequence[]” of “the

pursuit of narrower, more immediate goals.” S. REP. NO.

91-296, at 9 (1969). Instead, because “[e]nvironmental

problems cut across many existing operational

organizations” and thus cannot be in “the exclusive

bailiwick of any committee of Congress nor department of

Government,” NEPA would provide “all agencies and all

Federal officials with a legislative mandate and a

responsibility to consider the consequences of their

actions on the environment.” CONGRESSIONAL WHITE

PAPER ON A NATIONAL POLICY FOR THE ENVIRONMENT

12 (Comm. Print. 1968); 115 CONG. REC. 40423 (1969); S.

REP. NO 91-296, at 14 (1969). Rather than operating in

narrowly drawn silos, agencies would take an

“interdisciplinary, team approach” to assess the

consequences of federal development projects. 115 CONG.

REC. 29085 (1969).

The contemporaneous legislative record affirms the

importance of and need for interagency coordination, both

for NEPA generally and for the Environmental Impact

Statement (“EIS”) specifically.

Section 101(a), for

example, declares that “the activities and resources of the

Federal Government shall be improved and coordinated

to . . . attain certain broad national goals in the

management of the environment.” 115 CONG. REC. 29084

(1969).

Section 101(b)(4) similarly repudiates the

understanding that “environmental evaluation” should be

restricted to “the province of a particular agency.” 115

CONG. REC. 29085 (1969). And section 102(2)’s “actionforcing” mechanism—the provision at issue here—ties

these provisions together, requiring that agencies work

together “lest legislation does not matter.” National

Environmental Policy: Hearing Before the Comm. on

Interior and Insular Affs. on S. 1075, S. 237, and S. 1752,

91st Cong. 116 (1969) (statement of Sen. Jackson).

Congress, in sum, enacted NEPA not as some pro forma

check, but as a meaningful and responsive mandate for

interagency cooperation and coordination.

II. CONGRESS CONTINUES TO

NEPA’S HOLISTIC APPROACH.

EMBRACE

In addition to glossing over the circumstances

motivating NEPA’s passage, Petitioners and their amici

commit a second, related misstep. Several of our Senate

counterparts claim that Congress “could not have

anticipated” or “predicted” what NEPA would look like

today: i.e., a coordinated, proactive, and interagency

effort to assess the environmental impacts of federal

development, with the backstop of meaningful judicial

review. Barrasso Br. at 5–6. Petitioners make a

substantially similar claim.

Pet. Br. at 4. But this

characterization of Congressional intent has little basis in

either law or fact. Congress has often amended NEPA—

but it has always left Petitioners’ proposed changes on the

cutting-room floor.

A. Congress has actively changed NEPA and

sought to shape its contours since its

enactment.

As this Court has outlined, “Congress’ acquiescence to

a settled judicial interpretation can suggest adoption of

that interpretation.” AMG Cap. Mgmt, LLC v. Fed. Trade

Comm’n, 593 U.S. 67, 81 (2021) (citing Monesson Sw. R.

Co. v. Morgan, 486 U.S. 330, 338 (1988)). To be sure,

“when Congress has not comprehensively revised a

statutory scheme but has made only isolated amendments

it is impossible to assert with any degree of assurance that

congressional failure to act represents affirmative

congressional approval of a court’s statutory

interpretation.” Id. (cleaned up).

Here, however, there are far more than the one or two

examples of acquiescence which the Court examined and

subsequently rejected in AMG Capital, 593 U.S. at 82,

Solid Waste Agency of Northern Cook County v. U.S.

Army Corps of Engineers, 531 U.S. 159, 170 (2001), and

other cases.

That is because since NEPA’s passage, Congress has

introduced at least 550 bills that seek to modify, amend,

or update the statute in some way. See Appendix. In 1970,

the first year following NEPA’s passage, Congress

introduced ten such bills alone. In each year since,

members of the House or Senate (and, in many years,

both) have proposed legislation touching on NEPA’s

operation. That has continued into the instant session,

where Congress introduced, debated, and passed

legislation modifying NEPA. See, e.g., Building Chips in

America Act of 2023, Pub. L. No. 118-105, 138 Stat. 1587.

The summary chart below captures both the number

and the continuity of legislative efforts over time.

Proposed Bills Amending, Exempting,

and/or Incorporating NEPA

1970s

1980s

1990s

2000s

2010s

2020s

100

120

140

A closer look into the content of some of these

legislative proposals adds further confirmation of the

point. Several bills have sought to expand NEPA’s scope.

These include proposals that seek to provide for private

standing, H.R. 15780, 91st Cong. (1970); to establish and

coordinate greater data collection, H.R. 4732, 93rd Cong.

(1973); and to require additional review and comment

procedures in the EIS process, S. 1304 & H.R. 3515, 101st

Cong. (1989). Such efforts to expand and re-affirm

NEPA’s purview both predate and, more importantly,

post-date the D.C. Circuit’s decision in Sierra Club v.

FERC (Sabal Trail), 867 F.3d 1357 (D.C. Cir. 2017). See

S. 3754, 118th Cong. (2024).

True, some of the proposed legislation has tried to

curb NEPA’s reach. See, e.g., S. 1668, 93d Cong. (1973);

H.R. 9012, 117th Cong. (2022). This is not, in other words,

an instance of one-way traffic. But that is exactly what

one would expect for an influential, landmark, and heavily

contested federal statute: a kaleidoscope of efforts from

different political factions to change NEPA in different

ways. As this Court has emphasized, that “[s]incere

adherents advocating contrary views have ventilated the

subject for . . . decades” shows that Congress is “acutely

aware” of a statute’s interpretation and application. Bob

Jones Univ. v. United States, 461 U.S. 574, 599 (1983).

Congressional action vis-à-vis NEPA, in short, is far

closer to the circumstances of Bob Jones University,

when Congress introduced “no fewer than 13 bills” in

twelve years, id. at 600, than to AMG Capital or Solid

Waste Agency.

B. Congress has adapted NEPA over the years but

has left interagency coordination untouched.

Nor has Congress been spinning its wheels with futile

proposals. Many bills touching on NEPA’s operation have

been successfully passed across Democratic and

Republican administrations. These laws can be organized

across three categories.

First, Congress has established, modified, or

streamlined the process for EIS assessments. Shortly

after NEPA’s passage, for instance, Congress clarified

the Environmental Protection Agency’s authority to

review coordinated agency actions and reports, 42 U.S.C.

§ 7609, and asked the agency to ensure that other

“mission-oriented Federal agencies have access to

environmental expertise to give adequate consideration to

environmental factors,” S. REP. NO. 91-1196, at 43 (1970).

More recent examples of such action include the

Fixing America’s Surface Transportation (“FAST”) Act,

which streamlined EIS review by allowing states to use

their own environmental laws in limited circumstances,

Pub. L. No. 114-94, § 330, 129 Stat. 1312, 1392; and the

BUILDER Act (passed as part of the Fiscal

Responsibility Act of 2023), which imposes thresholds for

review, processes for timely review coordination

(including EIS page limits), and expansion of categorical

exclusions. Pub. L. No. 118-5, § 321, 137 Stat. 10, 38.

Second, Congress has recognized special procedures

for specific industries. The Energy Policy Act of 2005, for

example, expedited the approval process of “conduct[]

pursuant to the Mineral Leasing Act for the purpose of

exploration or development of oil or gas.” 42 U.S.C. §

15942. National security has similarly been exempted

from general review, through the National Defense

Authorization Acts (“NDAA”). The FY2010 NDAA

expedited the process for “the improvement of port

facilities to improve the efficiency of the transportation

system, to increase port security, or to provide greater

access to port facilities.” Pub. L. No. 111-84, § 3512, 123

Stat. 2190, 2722 (2009); see also Pub. L. No. 111-383

(FY2011 NDAA).2 Most recently, President Biden signed

into law a bill that exempts certain semiconductor

factories from NEPA. See Building Chips in America Act

of 2023, Pub. L. No. 118-105, 138 Stat. 1587.

Third, Congress has exempted or otherwise singled

out specific projects. Shortly after NEPA’s passage,

Congress has nevertheless declined to provide blanket

protection to defense-related projects, and has at times expanded the

EIS requirement to cover certain military activities. H.R. 672, 111th

Cong. (2009).

Congress exempted the Trans-Alaska Pipeline from its

requirements. 43 U.S.C. §1652.

And the Fiscal

Responsibility Act of 2023 provided a specific, highly

controversial exception for the Mountain Valley Pipeline

based on a Congressional finding that “timely completion

of construction and operation” of the Pipeline was

“required in the national interest.” Pub. L. No. 118-5, §

324, 137 Stat. 10, 47.

To be clear, many of the undersigned House and

Senate members here opposed, on substantive grounds,

legislation from each of these three categories—from the

BUILDER Act to the semiconductor exclusion to the

Mountain Valley Pipeline carveout. Even so, we respect

that such choices reflect the active process of

Congressional policymaking and compromise for NEPA,

just as it would for any other statute. These contentious

questions of public import are being made precisely where

they should be: the U.S. Capitol.

C. Petitioners and their amici seek from the Court

the same relief they tried and failed to obtain in

Congress.

The same cannot be said for Petitioners and their

amici, who turn to the Court only because they have failed

to convince Congress to sign onto their cause. Worse,

they have failed in each of the categories outlined above,

showing that Petitioners know that “Congress, not this

Court, is [the] proper audience” for Petitioners’

grievances. Kimble v. Marvel Ent., LLC, 576 U.S. 446,

463 (2015).

1. Congress has declined to exclude indirect

and cumulative effects from NEPA review.

Start with the first category: laws that have altered or

streamlined the EIS. As outlined above, the FAST and

BUILDER Acts are the most recent statutes to fall into

this bucket.

On the former, the FAST Act unquestionably

preserves holistic, interagency review. The Act calls for

cooperating agencies to produce a single environmental

document “to the maximum extent practicable and

consistent with federal law” and implements timelines for

cross-agency, coordinated reviews. Pub. L. No. 114-94, §

1304, 129 Stat. 1312, 1380. But as the Council on

Environmental Quality recognizes, those changes merely

seek to promote and codify the process “of informed

decision-making and environmental review.” Council on

Env’t Quality, Introducing Federal Environmental Policy

Act Practitioners to the Georgia Environmental Policy

Act (2015).

These reforms did not, however,

fundamentally alter NEPA’s proactive, interagency

nature.

As to the BUILDER Act, Petitioners and their amici

alternatively (1) contend that any Congressional efforts to

rein in NEPA would be a day late and a dollar short,

Barrasso Br. at 5–6, while (2) nevertheless insisting that

the BUILDER Act represents a watershed change to

NEPA’s trajectory, Pet. Br. at 27. Neither is true. The

BUILDER Act imposes page and time limits and other

changes in response to calls from regulated industries for

NEPA reform. 42 U.S.C. § 4336a. But the Act continues

to recognize separate categories of review for “effects of

the proposed agency action” and a broader category of

“effects which cannot be avoided should the proposal be

implemented.” 42 U.S.C. § 4332(2)(C)(i), (ii). In so doing,

Congress acknowledged and retained NEPA’s

longstanding purpose to “promote efforts which will

prevent or eliminate damage to the environment and

biosphere.” 42 U.S.C. § 4321.

What is more, before the BUILDER Act’s passage,

Congress contemplated and debated (but did not pass)

H.R. 1, the Lower Energy Costs Act. 118th Cong. (2023).

That Act explicitly sought to exclude indirect and

cumulative effects from EIS consideration and tried to

severely constrict judicial review of NEPA decisions. In

debates on the BUILDER Act, Congress likewise

considered but discarded amendments that would have

required consideration only of environmental effects

“with a reasonably close relationship” to a proposed

action, or geographic limits to “an area directly affected”

by a proposed agency action. H.R. 1577, 118th Cong. §

2(a)(3)(B), 2(b) (2023). All of these reforms might have

ended this NEPA litigation. Yet no such reform became

law, separately or as part of the BUILDER Act.3

2. Congress has declined to exempt oil and gas

transportation from NEPA review.

The next category, laws that apply special procedures

or exemptions to certain industries, tells a similar story.

Several of Petitioners’ amici advance a curious argument: That

laws like the BUILDER Act are not a “silver bullet” because some

jurisdictions appear to treat the Act’s requirements as “optional.”

Energy Transfer Br. at 30 n.6; Anschutz Exploration Br. at 21–23.

But the BUILDER Act is barely a year old; it would be premature to

assess its final impact and deem it insufficient. That is particularly so

here since the STB has not sought to post-hoc the BUILDER Act’s

limitations to the project at issue. In a similar vein, it is unsurprising

that courts have continued to apply their longstanding precedent

following the BUILDER Act’s passage. After all, unlike H.R. 1,

nothing about the BUILDER Act constricts the scope or breadth of

judicial review under NEPA.

As mentioned, the Energy Policy Act expedited the

NEPA approval process for certain oil and gas projects.

What it did not do, though, was change NEPA’s

requirement of cross-agency coordination, for the oil and

gas industry specifically or for any other projects.

Here too it is worth examining the relevant

counterfactual. Several of the Senators on the other side

of this case have sought categorical exclusions or

accommodations for certain industries. See Grazing

Improvement Act, S. 258, 113th Cong. (2013) (Sen.

Barrasso) (providing categorical exclusions from EIS

requirements for certain grazing permits). That includes

accommodations for the oil and gas industry. See

Offshore Production and Safety Act of 2011, S. 953, 112th

Cong. (Sen. McConnell) (directing that a prior EIS would

satisfy NEPA for covered oil and gas leases). Our

colleagues’ efforts confirm that the proper venue for

Petitioners’ claimed grievance is Congress, not the Court.

3. Congress considered, but declined, to

exempt the Uinta rail project.

If, in other words, Petitioners believe that all fossilfuel infrastructure (or even just this specific project)

deserve a special exemption from NEPA, there is a timeworn path that they could pursue: “bicameralism and

presentment.” Virginia Uranium, Inc. v. Warren, 587

U.S. 761, 778 (2019) (plurality opinion).

But there is a reason why Petitioners have not gotten

a legislative exemption for their proposed development.

They tried. They failed.

Senator Lee sought an exemption for this exact

railroad project in an amendment to the Consolidated

Appropriations Act, 2024. Pub. L. 118-42, 138 Stat. 25.

That amendment sought to “ratif[y] and approve[] all . . .

statements[] and any other approvals or orders issued . . .

for the Uinta Basin Railway,” as well as to direct the STB

to “issue all permits or verification necessary” to

“complete the construction” of the rail line. S. Amend.

1111, 118th Cong., 169 CONG. REC. S4400 (daily ed. Sept.

12, 2023). It would also have terminated the instant

litigation and denied further judicial review. Id. Senator

Lee’s effort, though, failed to win sufficient Congressional

support. Months later, Petitioners filed for a writ of

certiorari.

At bottom, this case is about the relationship between

NEPA past, present, and future.

The record makes plain that, as to NEPA past, federal

decision making suffered because agencies too often

trampled on public-interest values outside of their

perceived missions, impaired by proverbial horse

blinders. The enacting Congress thus underscored that

NEPA “[section 101(a) declares that] the activities and

resources of the Federal Government shall be improved

and coordinated to . . . attain certain broad national goals

in the management of the environment.” 115 CONG. REC.

29084 (1969) (emphasis added).

The record is also clear that NEPA present is a

product of ongoing legislative discussion, debate, and

compromise. In the fifty-five years since NEPA’s

passage, Congress has expanded, streamlined, tinkered,

and adapted the statute to fit the policy needs of the day.

It continues to tinker now, knowing full well the scope and

breadth of judicial review and knowing that it can alter

that scope at any time.

What is less clear is who will determine NEPA’s

future. After their efforts foundered in the halls of

Congress, Petitioners walked their grievance down the

street, seeking from this Court a judicial solution to their

legislative problems. That path is inappropriate and

unfounded. Congress enacted NEPA. It has changed and

updated it. And it should hold the pen in deciding how the

statute applies in the years to come.

CONCLUSION

For these reasons, the judgment of the D.C. Circuit

should be affirmed.

Respectfully submitted,

CALE JAFFE

XIAO WANG

UNIV. OF VIRGINIA SCHOOL OF Counsel of Record

LAW ENVIRONMENTAL LAW & UNIV. OF VIRGINIA SCHOOL

COMMUNITY ENGAGEMENT

OF LAW SUPREME COURT

CLINIC

LITIGATION CLINIC

580 Massie Road

Charlottesville, VA 22903

(434) 924-8956

x.wang@law.virginia.edu

Counsel for Amici Curiae

October 25, 2024

APPENDIX

Proposed Bills Amending, Exempting, and/or

Incorporating NEPA..................................................1a

APPENDIX

PROPOSED BILLS AMENDING, EXEMPTING, AND/OR

INCORPORATING NEPA*

Cong. Year No.

1970 H.R.

15578

1970 H.R.

15780

1970 H.R.

15829

1970 H.R.

Con.

Res.

641

1970 H.R.

17436

1970 H.R.

18242

Title or Summary

A bill to “amend the National

Environmental Policy Act of 1969

to provide for class actions in the

United States district courts”

A bill to “amend the National

Environmental Policy Act of 1969

to confer standing on private

persons to sue for relief from

pollution”

A bill to “amend the National

Environmental Policy Act of 1969

to require the Secretary of the

Army to terminate certain

licenses and permits”

Concurrent resolution on pollution

National Environmental Data

Bank Act

A bill to “amend the National

Environmental Policy Act of 1969

to establish an Environmental

Action Corps and an

Environmental Legal Services

Office . . . and to create the Office

of Environmental Ombudsman”

Collection of bills from amici’s search of ProQuest

Congressional database.

(1a)

Cong. Year No.

1970 H.R.

18493

1970 S. 4307

1970 H.R.

19077

1970 S. 4599

1971 H.R.

3647

1971 H.R.

5389

1971 H.R.

8984

Title or Summary

A bill to “amend the National

Environmental Policy Act of 1969

to provide a program for honoring

industry and other private efforts

to contribute to the maintenance

and enhancement of environmental

quality”

A bill to “amend the

Environmental Quality

Improvement Act of 1970 in order

to establish a Corps of Engineers

Environmental Advisory Board”

A bill to “amend the National

Environmental Policy Act of 1969

to require a longer period of

notice”

A bill to “establish environmental

laboratories . . . pursuant to

policies and goals established in

the National Environmental Policy

Act of 1969”

A bill to “amend the National

Environmental Policy Act of 1969

to require Federal contractors . . .

to observe practices which will

preserve and enhance the

environment and fisheries and

wildlife resources”

Power Plant Siting Act of 1971

A bill to “amend the National

Environmental Policy Act of 1969”

to require “a detailed statement by

the responsible official”

Cong. Year No.

1971 H.R.

9037

1971 H.R.

12021

1972 H.R.

12940

1972 H.R.

13752

1972 H.R.

14103

1972 H.R.

14137

1972 H.R.

16092

1973 S. 967

Title or Summary

A bill “relating to the National

Environmental Policy Act of 1969

and the environmental impact of

the proposed trans-Alaska oil

pipeline”

A bill to “amend the National

Environmental Policy Act of 1969

to require that environmental

impact statements be included in

agency reports on bills and

resolutions being considered by the

Congress”

National Land Use Policy Act of

1971

A bill to “amend the National

Environmental Policy Act of 1969

to provide for the interim licensing

of the operation of certain thermal

electric generating plants”

A bill to “amend the National

Environmental Policy Act of 1969

to provide a temporary partial

exemption” for “permits under . . .

the Federal Water Pollution

Control Act”

A bill to “amend the National

Environmental Policy Act of 1969”

to allow the President to “declare

that such Federal action may be

undertaken” temporarily

Regional Development Act of 1972

Federal Aid Highway and Public

Transportation Act of 1973

Cong. Year No.

1973 S. 993

1973 H.R.

4732

1973 H.R.

5524

1973 S. 1286

1973 H.R.

5974

1973 H.R.

6038

1973 H.R.

6256

1973 H.R.

6393

1973 S. 1668

Title or Summary

A bill to “authorize the Secretary

of the interior to issue rights-ofway and special land use permits

for the construction of pipelines in

the State of Alaska . . . only after

he has complied with all applicable

provisions of [NEPA]”

National Environmental Data

System and Environmental

Centers Act of 1973

Federal Lands Right-of-Way Act

of 1973

National Growth Policy Planning

Act, requiring states applying for

aid to submit statements meeting

“the minimum requirements of the

environmental impact statement

required under” NEPA

National Environmental Policy Act

Amendments of 1973

National Energy Research and

Development Policy Act of 1973

Forest Conservation and

Improvement Act of 1973

A bill to “require Federal

contractors to observe practices

which will preserve and enhance

the environment and fisheries and

wildlife resources”

A bill to “amend the National

Environmental Policy Act of 1969

in order to insure the balancing of

environmental considerations with

economic and social

considerations”

Cong. Year No.

1973 H.R.

7501

1973 H.R.

8478

1973 S. 2066

1973 H.R.

9855

1973 H.R.

11509

1974 S. 2940

1974 H.R.

12745

1974 H.R.

12782

1974 H.R.

12823

1974 H.R.

13588

Title or Summary

Deepwater Port Facilities Act of

1973

Alaskan Petroleum Transmission

Act of 1973

National Emergency Energy

Coordination Act of 1973

A bill “to provide that certain

provisions of the National

Environmental Policy Act of 1969

shall apply to the Postal Service”

National Energy Emergency Act

of 1973

Colorado River Basin Salinity

Control Act

A bill to “expedite certain Judicial

proceedings relating to the Central

Utah reclamation project” by

requiring the proceeding “be

brought in . . . the district of Utah”

and providing only “direct appeal

to the Supreme Court”

A bill to “amend the National

Environmental Policy Act of 1969

in order to specify those actions of

the Environmental Protection

Agency for which environmental

impact statements are required”

A bill to “amend the Atomic

Energy Act of 1954 to provide for

improved procedures for planning

and environmental review of

proposed nuclear powerplants”

A bill to allow coordination with

state governors for NEPA review

if the state has “an agency suitably

equipped and organized to carry

Cong.

Year

No.

1974 S. 3267

1974 H.R.

14368

1974 H.R.

14468

1974 H.R.

14680

1974 H.R.

15275

1974 H.R.

12859

1974 S. 4101

1975 S. 619

1975 H.R.

2990

Title or Summary

out to the satisfaction of the

Secretary the duties under” NEPA

Standby Energy Emergency

Authorities Act

Energy Supply and Environmental

Coordination Act of 1974

National Environmental Policy

Institute Act of 1974

A bill to “exempt certain highway

projects in the State of New York

from the application of the

National Environmental Policy

Act”

A bill to “exempt the Chautauqua

Lake Bridge in the State of New

York from the application of the

National Environmental Policy

Act”

Federal Mass Transportation Act

of 1974

A bill to “authorize certain filling

and construction in a portion of

Upper New York Bay, Hudson

County, New Jersey” “on the basis

of environmental studies conducted

pursuant to the National

Environmental Policy Act”

Energy Facilities Planning and

Development Act of 1975

A bill to “give greater assurance

that national and regional needs

are satisfied in times of shortage of

natural gas and petroleum and its

products” by directing certain

Cong.

No.

Title or Summary

actions “shall not constitute major

Federal actions” under NEPA

1975 H.R.

3128

1975 S. 827

1975 H.R.

3734

1975 H.R.

4091

1975 H.R.

5047

1975 H.R.

6917

A bill to “amend [NEPA] to permit

the appropriate Federal official to

delegate the responsibility for the

preparation of an environmental

impact statement to the

appropriate State agency or

official”

A bill to “amend the National

Environmental Policy Act to

provide for the filing of certain

supplemental information

statements”

A bill to “amend the Atomic

Energy Act of 1954 to provide for

improved procedures for planning

and environmental review of

proposed nuclear powerplants”

through issuing of guidelines

“consistent with the requirements

of [NEPA]”

National Landlord Tenant Act

Year

1975 H.R.

7720

Natural Gas Act Amendments of

1975

A bill to “provide for a three-year

moratorium on the requirement of

an environmental impact statement

for Federal-aid highway projects”

Airport and Airway Development

Extension Act of 1975

Cong. Year No.

1975 H.R.

7829

1975 H.R.

7014

1975 H.R.

8667

1975 S. 2140

1975 S. 2164

1975 H.R.

9819

1975 H.R.

10115

1975 H.R.

10149

1975 H.R.

10267

1975 H.R.

10364

Title or Summary

A bill to “authorize the awarding of

attorneys' fees to prevailing

plaintiffs in actions brought under

[NEPA]”

A bill to “increase domestic energy

supplies and availability” by

allowing action notwithstanding

“any other provision of law (other

than [NEPA])”

A bill to “amend the National

Environmental Policy Act of 1969”

by requiring “a detailed statement

by the responsible official”

Corridor Development Act of 1975

A bill to “amend the National

Environmental Policy Act of 1969

so as to make administration of

that Act more effective by

prohibiting the retroactive

application of regulations . . . and to

establish a time limitation on the

filing of suits to review

environmental impact statements”

National Environmental

Reorganization Act of 1975

Scientific and Technological

Research Act

Emergency Flood Control

Acceleration Act of 1975

Energy Independence Authority

Act of 1975

A bill to “provide temporary

authority for the Secretary of

Agriculture to sell timber from

United States Forest Service

Cong.

Year

No.

1975 H.R.

10979

1976 S. 3730

1976 S. 3521

1976 H.R.

15713

1977 S. 363

1977 S. 925

Title or Summary

lands” provided that “sales

conform with [NEPA]”

Railroad Revitalization and

Regulatory Reform Act of 1975

A bill to “authorize certain

construction at military

installations” directing the

Secretary of Defense to prepare

“an environmental impact

statement in accordance with

[NEPA]”

Alaska Natural Gas Transportation

Act of 1976

A bill to “amend the Watershed

Protection and Flood Prevention

Act,” exempting certain size water

project from “the requirements of

[NEPA]” upon request and

approval by “the committees of the

House of Representatives and the

Senate having jurisdiction”

A bill to “amend the Endangered

Species Act of 1973” by deeming

action “involving the designation of

. . . critical habitats . . . to be a

major Federal action . . . requiring

the filing of an environmental

impact statement”

An act to “provide temporary

authorities to the Secretary of the

Interior to facilitate emergency

actions to mitigate the impacts of

the 1976-77 drought”

10a

Cong. Year No.

1977 H.R.

6208

1977 H.R.

6784

1977 S. 1440

1977 S. 1811

1977 H.R.

6831

1977 S. 977

1977 S. 2047

1977 H.R.

9983

1977 H.R.

10087

1978 H.R.

10888

Title or Summary

A bill to “amend the National

Environmental Policy Act of 1969

to provide for the judicial review of

environment impact findings made

by Federal agencies”

Deep Seabed Resource

Development Act

A bill to “amend the Outer

Continental Shelf Lands Act of

1953 to expedite the delivery of oil

and natural gas” by allowing

approval of a “report by the

president [to] satisfy . . . all

requirements of [NEPA]”

Energy Research and

Development Administration

Authorization Act of 1978-Civilian

Applications

National Energy Act

Natural Gas and Petroleum

Conservation and Coal Utilization

Policy Act

Small Hydroelectric Power

Projects Act of 1977

Rural Community Development

Act of 1977

A bill to “provide for an updating of

the report of the Atlantic-Pacific

Interoceanic Canal Study

Commission” directing that the

“President shall prepare and

consider an environmental impact

statement”

Alaska National Interest Lands

Conservation Act

11a

Cong. Year No.

1978 H.R.

11192

1978 S. 2761

1978 S. 2775

1978 H.R.

11848

1978 S. 2899

1978 S. 2953

1978 H.R.

12229

1978 H.R.

12413

1978 H.R.

4691

Title or Summary

Recombinant DNA Act, providing

that NEPA “shall not apply with

respect to any action taken” under

the Act

A bill to “delegate power to the

States . . . to disapprove certain

specified activities licensed by the

Nuclear Regulatory Commission”

by allowing states to “submit

advice, recommendations, or

findings to be included in any

environmental impact statement”

Nuclear Siting and Licensing Act

of 1978

Truth in Regulation Act of 1978,

providing proposed regulations

may only take effect if certain

agencies “prepare, with respect to

each such regulation . . . an

environmental impact statement”

Endangered Species Act

Amendments of 1978

Highway and Public

Transportation Improvement Act

of 1978

Uranium Mill Site Restoration Act

of 1978

Spent Nuclear Fuel Storage Act of

1978

A bill relating “to the disposition of

certain recreational demonstration

project lands by the State of

Oklahoma” provided that review

includes “preparation of a detailed

statement of the type specified in

[NEPA]”

12a

Cong. Year No.

1978 S. 3030

1978 H.R.

12638

1978 H.R.

12852

1978 H.R.

13176

1978 H.R.

13230

1978 S. 3303

1978 H Con.

R 671

Title or Summary

A bill to “to provide additional

authority for the Secretary of the

Interior to construct the San Luis

unit, Central Valley project,

California” once the “Secretary has

completed the necessary

environmental statements . . .

pursuant to [NEPA]”

A bill to “provide that certain

interstate pipelines may be

constructed only if . . . an

environmental impact statement is

prepared with respect to the

pipeline”

A bill to “exempt certain highway

construction and improvement

projects from the environmental

impact statement requirements of

[NEPA]”

Interoceanic Canal Study Act of

1978

National Development Bank Act of

1978, allowing for “the release of

funds for particular projects for

which the applicant assumes all of

the responsibilities for

environmental review”

Alaska Native Claims Settlement

Act Amendments of 1978

Expressing the “sense of Congress

that the Environmental protection

Agency . . . should expedite all

remaining administrative

proceedings . . . with respect to the

Seabrook Nuclear Station project”

13a

Cong. Year No.

1978 S. 3343

1978 H.R.

13931

1978 H.R.

14241

1978 H.R.

14323

1979 H.R.

1852

1979 S. 580

1979 S. 949

1979 S. 968

1979 H.R.

3745

Title or Summary

A bill to “reorganize and clarify the

responsibilities of Federal

agencies, Congress, and the States

with respect to management of

nuclear waste” requiring

“environmental impact statements

. . . in order to comply with

[NEPA]”

Pacific Northwest Electric Power

Planning and Conservation Act

Economic Development Program

Consolidation Act, allowing states

to “assume responsibilities of the

appropriate Federal official under

[NEPA]”

Nuclear Waste Management Act of

1978

Nuclear Waste Management

Research, Development, and

Demonstration Act of 1979

Energy Company of America Act

A bill to “amend the National

Environmental Policy Act of 1969

to provide for a statute of

limitations with respect to judicial

review of environmental impact

statements”

A bill “to amend certain provisions

of Title V of the Public Utility

Regulatory Policies Act of 1978 to

expedite processing of applications

for crude oil transportation

systems”

Airport and Airway Improvement

Act of 1979

14a

Cong. Year No.

1979 H.R.

3749

1979 H.R.

3814

1979 S. 1241

1979 S. 1330

1979 H.R.

4497

1979 S. 1377

1979 S. 1371

1979 H.R.

4573

1979 S. 1516

1979 H.R.

4979

1979 H.R.

5139

1979 H.R.

5130

Title or Summary

Coastal Area Liquefied Gas

Facility Safety Act

Navajo and Hopi Relocation

Amendments Act, providing that

NEPA “shall not be construed to

apply”

National Water Resources Policy

and Development Act of 1979

Omnibus Geothermal Energy

Development Act of 1979

A bill to “exempt States from the

requirement of filing

environmental impact statements”

for “actions taken under fish and

wildlife restoration programs”

Synthetic Fuels Production Act of

1979

Domestic Energy Policy Act of

1979

Priority Energy Project Act of

1979

Energy Mobilization Act of 1979

A bill to “establish minimum

periods of time for the issuance of

permits under section 404 of the

Federal Water Pollution Control

Act” by requiring issuance “within

thirty days after” any “public

hearing . . . under [NEPA]”

National Historic Preservation

Amendments of 1979

A bill to require any “civil action

arising under [NEPA] . . . be

brought only in a judicial district in

15a

Cong.

Year

No.

1979 S. 1684

1979 S. 1821

1979 H.R.

5390

1979 H.R.

5495

1980 H.R.

6390

1980 H.R.

6805

1980 S. 2411

1980 H.R.

6837

1980 H.R.

6999

1980 H.R.

7137

1980 S. 1641

1980 S. 1388

1980 S. 1637

1980 H.R.

7418

Title or Summary

which a substantial portion of the

alleged impact or injury occurs”

Domestic Refinery Development

and Improvement Act of 1979

Nuclear Waste Management

Reorganization Act of 1979

Pacific Southwest Water Yield and

Environmental Quality

Improvement Act of 1979

Coal Development Act of 1979

Atomic Energy Act Amendments

of 1980

National Heritage Act of 1980,

requiring “conformance with . . .

[NEPA]”

Federal Nuclear Operations

Management and Safety Corps Act

Passenger Railroad Rebuilding Act

of 1980

Powerplant Fuel Conversion Act of

1980

Deep Seabed Hard Minerals

Resource Act

National Small Hydroelectric

Power Development Act of 1980

Geothermal Steam Act

Amendments of 1980

Federal Oil and Gas Leasing Act of

1980

Nuclear Waste Research,

Development, and Demonstration

Act of 1980

16a

Cong. Year No.

1980 H.R.

7982

1980 S. 3170

1980 H.R.

8378

1980 S. 3247

1981 S. 60

1981 H.R.

1430

1981 H.R.

1732

1981 S. 621

1981 H.R.

2455

1981 S. 1245

1981 S. 1562

1981 S. 1024

1982 H.R.

6020

1982 S. 2367

1982 S. 2133

Title or Summary

Coal Pipeline Act of 1980

Water Resources Development Act

of 1980

Nuclear Waste Policy Act

Port and Navigation Improvement

Act of 1980

Federal Oil and Gas Leasing Act of

1981

Federal Coal-Fired Powerplant

Siting Act

A bill to “authorize[], in exceptional

cases” the release of funds to states

“before completion of any

environmental impact statements

required under” NEPA

National Water Resources Policy

and Development Act of 1981

National Endowment for Soil and

Water Conservation Act of 1981

Public Land Reform Act of 1981

Arctic Research and Policy Act of

1981

Federal-Aid Highway

Improvement Act of 1981

Housing and Community

Development Amendments of 1982,

providing the “award and recipient

use of resources made available . . .

shall not be subject to [NEPA]”

Transit Assistance Act of 1982

Mount St. Helens National

Volcanic Monument Act of 1982

17a

Cong. Year No.

1982 H.R.

7234

1983 H.R.

162

1983 H.R.

1353

1983 S. 581

1983 H.R.

1727

1983 S. 724

1983 H.R.

2512

1983 S. 1171

1983 H.R.

3776

1983 H.R.

3857

Title or Summary

Immigration Emergency Act,

allowing the President to

“temporarily exempt any agency

which is directly or substantially

related to the immigration

emergency from applicable

requirements of” NEPA

A bill to “amend title 28 of the

United States Code to provide for

special venue provisions in cases

relating to the environment”

Critical Waterways Improvement

Act of 1983

Federal Oil and Gas Leasing Act of

1983

Environmental Works Act of 1983

Public Investment/Jobs Act of

1983, clarifying that nothing “in

this Act shall alter the

requirements of [NEPA]”

Nuclear Power Plant Licensing

Reform Act of 1983

National Inland Waterways

Urgent Improvement Act of 1983

A bill to “authorize the Secretary

of Energy to accept certain lands

in St. Louis, Missouri” for the

removal “of radioactive materials . .

. after preparation of a final

environmental impact statement

under [NEPA]”

Coal Pipeline Act of 1983

18a

Cong. Year No.

1983 H.R.

2379

1983 H.R.

4317

1984 H.R.

4989

1984 H.R.

3678

1984 S. 2588

1984 H.R.

5898

1984 S. 2965

1985 S. 253

1985 S. 568

1985 H.R.

1940

Title or Summary

National Park System Protection

and Resources Management Act of

1983

A bill to “prohibit the Secretary of

the Army from issuing certain

permits in connection with a

proposed water pipeline project

until an environmental impact

statement” is completed

Federal Oil and Gas Leasing Act of

1984

Water Resources Conservation,

Development, and Infrastructure

Improvement and Rehabilitation

Act of 1983

United States-Mexican Border

Economic Recovery Act, directing

that certain designations “shall not

constitute a Federal action for”

NEPA

A bill making appropriations for

military construction on condition

that the “requirements of [NEPA]

are met”

Highway Bridge Replacement and

Rehabilitation Acceleration Act of

1984

Central South Dakota Water

Supply System Act of 1985

A bill to “authorize the Secretary

of Defense to close or realign any

military Installation . . . without

complying with the procedures . . .

of [NEPA]”

Defense Environmental

Restoration Act of 1985

19a

Cong. Year No.

1985 S. 1469

1985 H.R.

2817

1985 H.R.

3580

1985 S. 1821

1986 H.R.

4303

1986 H.R.

4826

1986 S. 2467

100

1986 H.R.

4883

1986 H.R.

4489

1986 H.R.

5353

1986 H.R.

5583

1986 S. 2412

1987 H.R.

783

1987 S. 398

Title or Summary

Nuclear Waste Policy Act

Superfund Amendments of 1985,

providing that requirements shall

not “be construed to diminish the

procedural protection of [NEPA]”

Indian Economic Development Act

of 1985, providing that designation

“shall not constitute a Federal

action for purposes of” NEPA

Nuclear Waste Reform Act of 1985

Federal Land Administration Act

of 1986

Onshore Competitive Oil and Gas

Leasing Amendments of 1986

A bill to “approve an interstate

highway project in Hawaii . . .

notwithstanding” NEPA

Admiralty Island Land Exchange

Act of 1986

National Forest Ski Area Permit

Act of 1986

Haida Land Exchange Act of 1986

Columbia River Gorge National

Scenic Area Act

A bill to “withdraw and reserve

certain public lands” directing

preparation of a “draft

environmental impact statement

. . . consistent with the

requirements of [NEPA]”

Department of Energy Compliance

Act of 1987

Federal Pesticide Programs

Improvement Act of 1987

20a

Cong. Year No.

100

1987 H.R.

1082

100

1987 S. 586

100

1987 H.R.

1383

100

1987 H.R.

1646

1987 S. 839

1987 S. 1355

100

1987 S. 1453

100

1987 S. 1584

100

1987 H.R.

3077

100

1987 H.R.

3601

1987 S. 1990

100

1988 H.R.

3928

Title or Summary

Arctic Coastal Plain Leasing Act of

1987

Airport and Airway Enhancement

Act of 1987

A bill to “prohibit the Secretary of

the Army from issuing certain

permits . . . before a full

environmental impact statement”

is completed

Radioactive Materials

Transportation Act of 1987

Nuclear Waste Policy Act of 1987

National Petroleum Security Act of

1987

Major Disaster Relief and

Emergency Assistance

Amendments of 1987

A bill providing “the designation of

a special use airspace shall be

deemed to be a major Federal

action . . . in accordance with

[NEPA]”

Regional Monitored Retrievable

Storage Act, providing that the

“requirements of [NEPA] shall

apply” except for the requirement

“to consider the need for such

facility”

National Fish and Wildlife

Enhancement Act of 1987

Global Environmental Protection

Act of 1987

Arctic Coastal Plain Management

Act of 1988

21a

Cong. Year No.

100

1988 H.R.

5181

100

1988 S. 2753

100

1988 S. 2845

100

1988 S. 2904

101

1989 H.R. 69

101

1989 H.R.

402

1989 H.R.

546

101

1989 S. 201

101

1989 H.R.

980

Title or Summary

Uranium Enrichment

Reorganization and Taxpayer

Protection Act of 1988

A bill to “extend the requirements

of the National Environmental

Policy Act to recommendations for

the United States vote in

international financial institutions”

A bill to “provide for the transfer of

a certain parcel of land located in

Clark County, Nevada” with prior

studies “meet[ing] the objectives of

[NEPA]”

National Water Conservation Act

of 1988

Inner City Revitalization Act,

stating the “enterprise zone . . .

shall not constitute Federal action

. . . for NEPA”

Coal Pipeline Act of 1989

Aircraft Noise Reduction Act of

1989, directing that the

“Administrator shall issue an [EIS]

in accordance . . . with NEPA”

World Environmental Policy Act of

1989, providing that “Section

102(2)(C)(i) of NEPA is amended

. . . [to include] any impact on

biological diversity”

Global Environmental Research

and Policy Act of 1989, amending

“Section 102(2)(C) of [NEPA]” to

include “impact on oceans”

22a

Cong. Year No.

101

1989 H.R.

1339

101

1989 H.R.

1600

1989 S. 1045

101

1989 H.R.

2531

101

1989 S. 1304

101

1989 H.R.

3515

1989 H.R.

3643

101

1990 S. 2006

101

1990 H.R.

3960

101

1990 S. 2173

1990 H.R.

4210

101

1990 S. 2575

Title or Summary

A bill to “roll back the Expanded

East Coast Plan issued by the

Administrator of the Federal

Aviation Administration”

National Fish and Wildlife

Enhancement Act of 1989

National Environmental Policy on

International Financing Act of

1989

Rural Development Investment

Zone Act of 1989, providing the

“zone . . . shall not constitute major

Federal action for . . . NEPA”

DOE Nuclear Safety and

Environment Act

Airspace Protection Act of 1989

A bill to “provide savings in the

compilation and distribution of

Federal environmental impact

statements, and to ensure the

timely notification of all interested

parties”

Department of the Environment

Act of 1990

Central Utah Project Completion

Act, directing “review [of] . . .

downstream fish . . . impacted.”

Defense Base Consolidation Act

Antarctic Environmental

Protection, Clean-Up, and Liability

Act of 1990

Antarctica Protection Act of 1990

23a

Cong. Year No.

101

1990 H.R.

2582

101

1990 H.R.

5950

101

102

1990 H.R.

5968

1991 S. 58

102

1991 S. 144

102

1991 S. 210

1991 S. 341

102

1991 H.R.

779

1991 H.R.

1301

1991 S. 610

102

1991 S. 741

102

Title or Summary

Civil War Sites Study Act of 1990,

providing that “[e]ach study shall

[comply with NEPA].”

A bill to “deem the Strategic

Target System program conducted

at Kauai, Hawaii, to be a major

Federal action for the purposes of

the National Environmental Policy

Act”

Wetlands Conservation and

Management Act of 1990

National Biological Diversity

Conservation and Environment

Research Act

Grand Canyon Protection Act of

1991

Uranium Enrichment Act of 1991

National Energy Security Act of

1991

Natural Gas Enhancement Act of

1991

National Energy Strategy Act

Surface Transportation Assistance

Act of 1991, providing that “[t]he

Secretary, in lieu of [NEPA

procedures] . . . may . . . provide

for the approval of projects by

recipients . . . who may assume all

of the responsibilities for

environmental review."

National Energy Efficiency and

Development Act of 1991

24a

Cong. Year No.

102

1991 S. 1509

102

1991 S. 1696

102

1991 H.R.

3798

1992 H.R.

4073

1992 H.R.

4154

102

1992 H.R.

4818

102

1992 H.R.

5571

102

1992 H.R.

5754

1992 S. 3125

102

103

1992 H.R.

6006

1993 S. 90

103

1993 S. 257

103

1993 S. 171

Title or Summary

Omnibus National Defense

Authorization Act for Fiscal Years

1992 and 1993

Montana National Forest

Management Act of 1991

Real Estate Recovery Act of 1991

Emergency Community

Development Act of 1992

Emergency Climate Stabilization

and Earth Regeneration Act of

1992

Department of Energy Nuclear

Weapons Complex Reconfiguration

Commission Act

American Job Creation,

Deregulation, and Tax Reduction

Act of 1992, directing that “nothing

. . . shall be construed . . . to affect

[NEPA]”

Water Resources Development Act

of 1992

Southern Arizona Water Rights

Settlement Amendments Act of

1992

National Park System Reformation

Act

Trade Enforcement Act of 1993,

amending “Section 102(C) of

[NEPA]” “by inserting . . . trade or

other matters”

Mineral Exploration and

Development Act of 1993

Department of the Environment

Act

25a

Cong. Year No.

103

1993 H.R.

2488

103

1993 S. 1411

103

1993 H.R.

229

1993 H.R.

3219

103

1993 H.R.

3512

103

1994 S. 2049

103

1994 S. 2068

103

1994 H.R.

4433

103

1994 S. 823

103

1994 S. 2418

103

1994 S. 2539

104

1995 S. 167

Title or Summary

Pollution Prevention and

Incineration Alternatives Act of

1993

Yakima Basin Water Enhancement

Act of 1993

National Forest Health Act

A bill to “amend the National

Environmental Policy Act of 1969

to clarify the application of that Act

to extraterritorial actions of the

Federal Government”

National Environmental Policy Act

Administrative Reorganization

Amendments of 1993

Housing Choice and Community

Investment Act of 1994

Lewis and Clark Rural Water

System Act of 1994

Reinventing Government Act of

1994, providing that “[NEPA] shall

apply” and that “in applying . . .

[NEPA] . . . a Federal official shall

not have to consider" a few

specified issues.

National Wildlife Refuge System

Management and Policy Act of

1994

Floodplain Management,

Environmental Restoration, and

Recreation Act of 1994

Landless Native Land Allocation

Act of 1994

Nuclear Wast Policy Act of 1995

26a

Cong. Year No.

104

1995 H.R.

690

104

1995 S. 506

104

1995 S. 629

104

1995 S. 668

104

1995 H.R.

1745

104

1995 H.R.

1923

1995 H.R.

2181

1995 S. 1148

1995 S. 1195

104

1995 H.R.

2275

1995 H.R.

1838

1995 H.R.

2609

1995 S. 755

Title or Summary

Risk Assessment and Cost-Benefit

Analysis Act of 1995

The Mining Law Reform Act of

1995

A bill to “provide that no action

need be taken under the National

Environmental Policy Act of 1969

for a renewal of a permit for

grazing on National Forest System

lands”

National Capital Region Interstate

Transportation Authority Act of

1995

Utah Public Lands Management

Act of 1995, directing the “transfer

of lands . . . shall not be subject to

[NEPA]”

Restructuring a Limited

Government Act

Common Sense National Park

System Reform Act

Economic Revitalization Act

Father Aull Site Transfer Act of

1995

Endangered Species Conservation

and Management Act of 1995

An act to “provide for an exchange

of lands with the Water

Conservancy District of

Washington County, Utah”

Texas Reclamation Projects

Indebtedness Purchase Act

USEC Privatization Act, providing

the “execution or transfer of lease

27a

Cong.

104

Year

No.

1995 H.R.

2824

1996 H.R.

2987

104

1996 H.R.

3199

104

1996 H.R.

3305

1996 S. 1260

1996 S. 1811

1996 H.R.

3596

1996 S. 1662

104

1996 H.R.

3878

104

1996 H.R.

3487

1996 S. 2150

105

1997 H.R. 2

Title or Summary

. . . shall not be a major Federal

action”

Snowbasin Land Exchange Act of

1995

A bill to “declare a portion of

Queens County, New York, to be

nonnavigable waters of the United

States”

Drug and Biological Products

Reform Act of 1996, providing that

“[n]o action by the Secretary

pursuant to this Act shall require . .

. the preparation of an

environmental impact statement

under [NEPA]”

National Heritage Areas Act of

1996

United States Housing Act of 1996

Shore Protection Act of 1996

Oil Region National Heritage Area

Act

Oregon Resource Conservation Act

of 1996

Power Marketing Administration

Privatization and Reform Act of

1996, directing the “license . . .

shall not be subject to . . . [NEPA]”

National Marine Sanctuaries

Preservation Act

Public Lands Protection Act of

1996

Housing Opportunity and

Responsibility Act of 1997

28a

Cong. Year No.

105

1997 S. 468

105

1997 S. 532

105

1997 S. 691

105

1997 S. 725

105

1997 H.R.

1725

105

1997 H.R.

2330

1997 S. 1173

105

1997 S. 1276

105

1998 H.R.

3179

1998 H.R.

3771

1998 H.R.

512

1998 H.R.

4071

105

1998 S. 2279

Title or Summary

National Economic Crossroads

Transportation Efficiency Act of

1997

Surface Transportation

Authorization and Regulatory

Streamlining Act

Public Land Management

Participation Act of 1997

Collbran Project Unit Conveyance

Act, directing “[t]he license shall

not be subject to . . . [NEPA]”

Regional Investments for National

Growth Act of 1997, requiring “[a]ll

projects . . . comply with . . .

[NEPA]”

Transportation Infrastructure

Credit Act of 1997

Intermodal Transportation Act of

1997

Federal Power Act Amendments of

1997

Airport Environmental and

Community Fairness Act

Sound Science, Safe Imports, and

Healthy Communities Act of 1998

New Wildlife Refuge Authorization

Act

Rural Enterprise Communities Act

of 1998, directing that the

“Secretary of Agriculture shall

[comply with] NEPA [for] rural . . .

zones”

National Air Transportation

System Improvement Act of 1998

29a

Cong. Year No.

105

1998 H.R.

4570

105

1998 S. 109

105

106

1998 H.R.

4797

1999 S. 82

106

1999 S. 352

106

1999 S. 545

106

1999 S. 623

106

1999 H.R.

1487

1999 H.R.

1700

1999 H.R.

1866

106

1999 S. 1636

106

1999 H.R.

2944

1999 H.R.

3112

1999 H.R.

3310

106

Title or Summary

Omnibus National Parks and

Public Lands Act of 1998

Native Hawaiian Housing

Assistance Act of 1997

OCS Environmental Consistency

Act of 1998

Air Transportation Improvement

Act

State and Local Government

Participation Act of 1999,

amending “[NEPA] to require that

Federal agencies consult with

[State and local governments]”

Federal Aviation Administration

Authorization Act of 1999

Dakota Water Resources Act of

1999

National Monument NEPA

Compliance Act

National Missile Defense

Expediency Act of 1999

Public Appeals Parity Act,

requiring the “Secretary . . .

establish . . . an administrative

appeals process for . . . [NEPA]”

HOPE for Africa Act of 1999,

requiring “compliance with

[NEPA] with respect to any

proposal or project”

Electricity Competition and

Reliability Act

Colorado Ute Settlement Act

Amendments of 1999

United States-Mexico Border

Sewage Cleanup Act of 1999

30a

Cong. Year No.

106

2000 S. 244

106

2000 S. 624

106

2000 S. 1053

106

2000 H.R.

3676

106

2000 S. 507

106

2000 S. 400

106

2000 S. 2214

106

2000 H.R.

1695

2000 H.R.

3882

106

2000 H.R.

3883

106

2000 S. 2315

Title or Summary

Lewis and Clark Rural Water

System Act of 1999

Fort Peck Reservation Rural

Water System Act of 1999

A bill “to amend the Clean Air Act”

allowing temporary continuance

for “any transportation project for

which a review under [NEPA] has

been completed within the 2-year

period preceding a conformity

lapse”

Santa Rosa and San Jacinto

Mountains National Monument Act

of 2000

Water Resources Development Act

of 1999

Native American Housing

Assistance and Self-Determination

Act Amendments of 2000

Arctic Coastal Plain Domestic

Energy Security Act of 2000

Ivanpah Valley Airport Public

Lands Transfer Act

A bill to “require the Secretary of

the Army to conduct studies and to

carry out ecosystem restoration

and other protective measures

within Puget Sound, Washington”

A bill to amend the Federal Food,

Drug, and Cosmetic Act, directing

that “petitions . . . may not be

categorically excluded [from

NEPA]”

Genetically Engineered Food

Safety Act

31a

Cong. Year No.

106

2000 S. 2329

106

2000 S. 2351

106

2000 H.R.

1167

2000 H.R.

1776

2000 H.R.

2884

2000 S. 2437

106

2000 S. 2481

106

2000 S. 2508

106

2000 H.R.

4411

2000 H.R.

4805

2001 S. 580

106

107

2001 H.R.

1494

2001 H.R.

1739

Title or Summary

A bill to improve the

administration of the Animal and

Plant Health Inspection Service of

the Department of Agriculture,

requiring “any migratory bird

management shall be exempt from

[NEPA]”

Shivwits Band of the Paiute Indian

Tribe of Utah Water Rights

Settlement Act

Tribal Self-Governance

Amendments of 2000

American Homeownership and

Economic Opportunity Act of 2000

Energy Policy and Conservation

Act Reauthorization

Water Resources Development Act

of 2000

National Defense Authorization

Act for Fiscal Year 2001

Colorado Ute Settlement Act

Amendments of 2000

Water Resources Development Act

of 2000

National Energy Security Act of

2000

A bill “to expedite the construction

of the World War II memorial in

the District of Columbia”

National Forest Protection and

Restoration Act of 2001

Urban Sprawl and Smart Growth

Study Act

32a

Cong. Year No.

107

2001 H.R.

2386

107

2001 H.R. 4

107

2001 H.R.

2586

2001 S. 1590

107

2001 H.R.

3208

2001 H.R.

3366

2002 H.R.

3947

2002 S. 2453

107

2002 S. 2544

107

2002 H.R.

5206

107

Title or Summary

Outfitter Policy Act of 2001,

providing that “transfer shall be

deemed approved unless the

transferee requests a modification .

. . requir[ing an] environmental

analysis under [NEPA]”

Securing America's Future Energy

Act of 2001, allowing the

“Secretary of the Interior” to

“reimburse . . . costs incurred in

preparing any project-level

analysis, documentation, or related

study required under [NEPA]”

National Defense Authorization

Act for Fiscal Year 2002

Environmental Streamlining of

Energy Facilities Act of 2001

Western Water Security

Enhancement Act

Metropolitan Washington Regional

Transportation Act

Federal Property Asset

Management Reform Act of 2002

A bill “to provide for the

disposition of weapons-usable

plutonium at the Savannah River

Site, South Carolina”

A bill “to amend the Federal Water

Pollution Control Act to authorize

the Administrator of the

Environmental Protection Agency

to make grants for remediation of

sediment contamination in areas of

concern”

Nebraska National Forest

Cooperation Act of 2002

33a

Cong. Year No.

107

2002 H.R.

5214

107

2002 H.R.

5248

107

2002 H.R.

5219

2002 H.R.

3880

108

2002 H.R.

5569

2003 S. 17

108

2003 H.R. 39

108

2003 H.R.

387

Title or Summary

National Forest Fire Prevention

Act

A bill “to provide legal exemptions

for certain activities of the National

Park Service, United States Forest

Service, United States Fish and

Wildlife Service, or the Bureau of

Land Management undertaken in

federally declared disaster areas”

Healthy Forests Reform Act of

2002

A bill to “provide a temporary

waiver from certain transportation

conformity requirements and

metropolitan transportation

planning requirements under the

Clean Air Act and under other laws

for certain areas in New York

where the planning offices and

resources have been destroyed by

acts of terrorism”

National Sea Grant College

Program Act Amendments of 2002

Global Climate Security Act of

2003

Arctic Coastal Plain Domestic

Energy Security Act of 2003

A bill “to authorize the Regional

Foresters to exempt tree-thinning

projects, which are necessary to

prevent the occurrence of wildfire

likely to cause extreme harm to the

forest ecosystem, from laws that

give rise to legal causes of action

that delay or prevent such

projects”

34a

Cong. Year No.

108

2003 S. 372

108

2003 S. 482

108

2003 S. 1005

2003 H.R.

2141

2003 S. 1161

108

2003 S. 1352

108

2003 H.R.

3102

108

2003 H.R.

2691

Title or Summary

State and Local Government

Participation Act of 2003,

amending “the National

Environmental Policy Act of 1969

to require that Federal agencies

consult with State agencies and

county and local governments on

environmental impact statements”

Fisheries Science and

Management Improvement Act of

2003

The Energy Policy Act of 2003

Mineral Exploration and

Development Act of 2003

Foreign Assistance Authorization

Act, fiscal year 2004

Community and Forest Protection

Act

A bill “to utilize the expertise of

New Mexico State University, the

University of Arizona, and

Northern Arizona University in

conducting studies under the

National Environmental Policy Act

of 1969 in connection with the

grazing allotments and range”

Making appropriations for the

Department of the Interior,

providing “the Secretary shall not

be required to study, develop, or

describe any alternative to the

proposed agency action” for NEPA

review

35a

Cong. Year No.

108

2004 H.R.

3992

108

2004 H.R.

4513

108

2004 S. 2777

109

2005 S. 726

109

2005 S. 907

109

2005 H.R.

1529

109

2005 S. 1092

2005 S. 1251

109

2005 H.R.

2419

2005 S. 1848

109

Title or Summary

A bill “to amend the National

Environmental Policy Act of 1969

to require preparation of

statements regarding the

environmental impacts of legal and

illegal immigration”

A bill “to provide that in preparing

an environmental assessment or

environmental impact statement

required under section 102 of the

National Environmental Policy Act

of 1969 with respect to any action

authorizing a renewable energy

project, no Federal agency is

required to identify alternative

project locations or actions other

than the proposed action and the

no action alternative”

Safety for Americans from Nuclear

Weapons Testing Act

Natural Gas Price Reduction Act of

2005

Federal Public Transportation Act

of 2005

A bill “to amend the Federal Power

Act to provide for Federal and

State coordination of permitting

for electric transmission facilities”

Oil Shale Development Act of 2005

Rocky Flats Environmental

Technology Site Act of 2005

An act “making appropriations for

energy and water development”

Cleanup of Inactive and

Abandoned Mines Act

36a

Cong. Year No.

109

2005 S. 2079

109

2005 H.R. 6

2006 S. 2290

109

2006 H.R.

5025

2006 S. 2780

109

2006 H.R.

5462

109

110

2006 H.R.

4761

2006 H.R.

5768

2007 S. 309

110

2007 H.R. 24

109

Title or Summary

A bill “to improve the ability of the

Secretary of Agriculture and the

Secretary of the Interior to

promptly implement recovery

treatments in response to

catastrophic events affecting the

natural resources of Forest Service

land and Bureau of Land

Management Land”

Energy Policy Act of 2005

Reliable and Affordable Natural

Gas Energy Reform Act

Mount Hood Stewardship Legacy

Act

Good Samaritan Clean Watershed

Act

A bill “to suspend the Federal

highway fuels taxes, to authorize

the leasing, development,

production, and transportation of

oil and gas in and from the Coastal

Plain of Alaska, and for other

purposes”

Deep Ocean Energy Resources Act

of 2006

Reclaiming the Nation's Water Act

Global Warming Pollution

Reduction Act

San Joaquin Restoration

Settlement Act

37a

Cong. Year No.

110

2007 H.R.

2057

110

2007 H.R.

3220

110

2007 H.R.

4059

2007 H.R.

4245

110

2008 H.R.

5437

110

2008 H.R.

5805

2008 H.R.

5577

2008 S. 2958

110

Title or Summary

A bill “to repeal a rebuttable

presumption that the use of a

categorical exclusion under the

National Environmental Policy Act

of 1969 would apply with respect to

actions by the Secretary of the

Interior and the Secretary of

Agriculture with respect to certain

activities for the purpose of

exploration or development of oil

or gas”

New Direction for Energy

Independence, National Security,

and Consumer Protection Act

Rural Clean Energy

Superhighways Act

Saving American Lives and

Investing in Protecting Land and

Nature Act, providing “for the

categorical exclusion of certain

projects on Federal land located

adjacent to non-Federal land from

documentation in an environmental

impact statement or environmental

assessment”

A bill “to promote alternative and

renewable fuels, domestic energy

production, conservation, and

efficiency, to increase American

energy independence”

Zeroing In American Energy Act

of 2008

Chemical Facility Anti-Terrorism

Act of 2008

American Energy Production Act

38a

Cong. Year No.

110

2008 H.R.

6001

110

2008 S. 2739

110

2008 S. 3019

110

2008 H.R.

6161

2008 H.R.

6527

2008 H.R.

2642

110

111

2008 H.R.

6895

2009 H.R.

672

2009 H.R.

996

111

2009 S. 503

111

2009 H.R.

1108

Title or Summary

Main Street U.S.A. Energy

Security Act of 2008, providing a

prior EIS “is deemed to satisfy the

requirements under [NEPA]”

Consolidated Natural Resources

Act of 2008

Oil Shale and Tar Sands Leasing

Act of 2008

American Energy Independence

Act

Emergency Solar Power Permit

Act

Supplemental Appropriations Act,

2008

Fast Track Nuclear Act of 2008

Military Environmental

Responsibility Act

A bill “to temporarily exempt

certain public and private

development projects from any

requirement for a review,

statement, or analysis under the

National Environmental Policy

Act”

No Surface Occupancy Western

Arctic Coastal Plain Domestic

Energy Security Act

Grow American Supply Act,

directing that “[f]or all programs,

lease sales, leases, and actions

under this Act, the following shall

apply regarding the application of

[NEPA]”

39a

Cong. Year No.

111

2009 H.R.

2300

111

2009 H.R.

838

(P.L.

111-48)

111

2009 S. 1122

111

2010 S. 375

111

112

2010 S. 3230

(see

also

H.R.

5342)

2010 S. 3591

2010 H.R.

574

2010 H.R.

6113

2010 H.R.

6523

(P.L.

111383)

2011 S. 302

2011 H.R.

1023

2011 H.R.

1049

Title or Summary

American Energy Innovation Act

Miami Dade College Land

Conveyance Act

Good Neighbor Forestry Act

Crow Tribe Water Rights

Settlement Act of 2009

NEPA Certainty Act

Carbon Capture and Sequestration

Deployment Act of 2010

Supplemental Appropriations Act,

2010

Electricity Reliability Protection

Act of 2010

Ike Skelton National Defense

Authorization Act for Fiscal Year

2011

A bill to “authorize the Secretary

of the Interior to issue rightof-way permits for a natural gas

transmission pipeline” “following

an appropriate analysis prepared

in compliance with [NEPA]”

No More Excuses Energy Act of

2011

ROAD to Jobs Act of 2011,

amending “the National

40a

Cong.

Year

No.

112

2011 S. 942

112

2011 S. 1027

112

2011 H.R.

2172

2011 H.R.

2538

112

2011 H.R.

3537

2012 H.R.

3630

(P.L.

112-96)

2012 H.R.

4301

Title or Summary

Environmental Policy Act of 1969

to direct the Council on

Environmental Quality to report to

Congress annually on the number

of permits required under Federal

law for which applications have

been submitted and that have not

been issued because an

environmental impact statement is

pending”

Transportation Infrastructure

Grants and Economic

Reinvestment Act

American Energy and Western

Jobs Act

Utilizing America’s Federal Lands

for Wind Energy Act

REBUILD Act, amending “the

National Environmental Policy Act

of 1969 to authorize assignment to

States of Federal agency

environmental review

responsibilities”

North American Energy Security

Act

Middle Class Tax Relief and Job

Creation Act of 2012

EXPAND Act, seeking “to

contribute to the growth of the

American economy and the

strength of American national

security by streamlining

regulatory permitting procedures

41a

Cong.

112

113

Year

No.

Title or Summary

and increasing domestic production

from all energy sources”

2012 H.R.

4383

2013 H.R.

547

2013 H.R.

787

2013 H.R.

1459

Streamlining Permitting of

American Energy Act of 2012

Border Security and Responsibility

Act of 2013

Infrastructure Jobs and Energy

Independence Act

Ensuring Public Involvement in

the Creation of National

Monuments Act, ensuring “that the

National Environmental Policy Act

of 1969 applies to the declaration of

national monuments”

A bill “to amend the Federal Water

Pollution Control Act to provide

guidance and clarification

regarding issuing new and renewal

permits”

Energy and Water Development

and Related Agencies

Appropriations Act, 2014

Grazing Improvement Act

113

2013 S. 861

113

2013 S. 1245

113

2013 H.R.

657

2013 H.R.

251

(P.L.

113-19)

2013 S. 157

(P.L.

113-33)

2013 S. 1514

113

South Utah Valley Electric

Conveyance Act

Denali National Park

Improvement Act

Saving Coal Jobs Act of 2013

42a

Cong. Year No.

113

2014 S. 1966

113

2014 H.R.

4286

2014 S. 2427

2014 H.R.

3301

2014 H.R.

5358

113

2014 S. 3017

114

2015 S. 411

114

2015 S. 176

2015 H.R.

339

2015 S. 33

114

2015 S. 494

2015 S. 562

114

2015 S. 791

Title or Summary

National Forest Jobs and

Management Act of 2014

American Energy Renaissance Act

of 2014

Water Supply Permitting

Coordination Act

North American Energy

Infrastructure Act

A bill “to amend the National

Environmental Policy Act of 1969

to clarify that no Federal agency

shall be required to consider the

social cost of carbon as a condition

of compliance with such Act”

A bill “to provide a categorical

exclusion under the National

Environmental Policy Act of 1969

to allow the Director of the Bureau

of Land Management and the

Chief of the Forest Service to

remove Pinyon-Juniper trees to

conserve and restore the habitat of

the greater sage-grouse”

Natural Gas Gathering

Enhancement Act

Water in the 21st Century Act

American Energy Independence

and Price Reduction Act

LNG Permitting Certainty and

Transparency Act

Authorizing Alaska Production Act

Geothermal Exploration

Opportunities Act of 2015

American Energy Renaissance Act

of 2015

43a

Cong. Year No.

114

2015 S. 1407

114

2015 H.R.

2497

2015 H.R.

2647

2015 H.R.

2029

2015 H.R. 22

(129

Stat.

1312)

114

2016 S. 1626

114

2016 H.R.

6022

115

2017 H.R. 49

115

2017 S. 335

2017 S. 665

115

2017 S. 1168

Title or Summary

Public Land Renewable Energy

Development Act of 2015

NEPA Reciprocity Act

Resilient Federal Forests Act of

2015

Consolidated Appropriations Act,

2016

FAST Act, directing that “to the

maximum extent practicable and

consistent with Federal law, all

Federal permits and reviews for a

project shall rely on a single

environment document prepared

under [NEPA]”

Railroad Reform, Enhancement,

and Efficiency Act

New WATER Act, directing

actions “shall not be considered to

be a Federal action for purposes of

[NEPA]”

American Energy Independence

and Job Creation Act

Federal Land Freedom Act of 2017

Unleashing American Energy Act

of 2017

BRIDGE Act, directing “[e]ach

agency, to the greatest extent

permitted by law, shall carry out

the obligations of the agency under

other applicable law concurrently,

and in conjunction with other

reviews being conducted by other

participating agencies, including

44a

Cong.

Year

No.

115

2017 H.R.

3241

115

2017 H.R.

3565

2017 S. 1460

115

2018 H.R.

4842

115

2018 H.R.

520

2018 S. 2655

115

2018 S. 2602

115

2018 S. 3056

115

2018 H.R.

6088

115

2018 H.R.

6966

Title or Summary

environmental reviews required

under [NEPA]”

A bill “to require the Federal

Energy Regulatory Commission to

consider greenhouse gas emissions

related to natural gas pipelines”

Federal Land Freedom Act

Energy and Natural Resources Act

of 2017

Streamlining Permitting to Enable

Efficient Deployment of

Broadband Infrastructure Act of

2018

National Strategic and Critical

Minerals Production Act

Promoting Hydropower

Development and Jobs Act

Utilizing Significant Emissions

with Innovative Technologies Act

North American Energy

Infrastructure Act

Streamlining Permitting

Efficiencies in Energy

Development Act

AQUAA Act, directing the

“National Oceanic and

Atmospheric Administration . . .

shall be responsible for

coordinating any environmental

analysis or environmental impact

45a

Cong.

115

116

Year

No.

2018 S. 3021

(P.L.

115270)

2018 H.R. 2

(P.L.

115334)

2019 S. 218

116

2019 H.R. J.

Res. 31

116

2019 H.R.

1732

116

2019 S. 47

(P.L.

116-9)

Title or Summary

statement required under

[NEPA]”

America's Water Infrastructure

Act of 2018

Agriculture Improvement Act of

2018

ONSHORE Act, providing that

“activities conducted on nonFederal surface estate shall not

require a permit from the Bureau

of Land Management and shall not

be considered a major Federal

action under [NEPA]”

Consolidated Appropriations Act,

2019, directing “that for purposes

of environmental review, pursuant

to [NEPA] . . . a grant under the

Healthy Homes Initiative . . . shall

be considered funds for a special

project”

FASTER Act, specifying NEPA is

encompassed by the “waive[r of] all

legal requirements” in the “Illegal

Immigration Reform and

Immigrant Responsibility Act of

1996”

John D. Dingell, Jr. Conservation,

Management, and Recreation Act

46a

Cong. Year No.

116

2019 H.R.

3723

116

2019 S. 2430

116

2019 H.R.

4294

2019 H.R.

4026

2019 S. 2645

2019 H.R.

4723

2020 H.R.

5552

2020 S. 3202

2020 H.R.

5859

2020 H.R.

5865

2020 H.R.

5936

2020 H.R.

Con.

Res. 89

Title or Summary

Desalination Development Act

A bill “to provide an exemption

from certain requirements for

federally funded projects and

activities in areas not metropolitan

statistical areas”

American Energy First Act

Enhancing Geothermal Production

on Federal Lands Act

Connecting Communities Post

Disasters Act of 2019, providing

“that the Federal Communications

Commission . . . shall not be subject

to certain provision of the National

Environmental Policy Act”

Fish Act of 2019

Migratory Bird Protection Act of

2020

End Speculative Oil and Gas

Leasing Act of 2020

Trillion Trees Act

Carbon Capture, Utilization, and

Storage Innovation Act

California’s Land Preservation and

Protection Act

Resolution “encouraging the

Trump Administration to maintain

protections under the National

Environmental Policy Act and

reverse ongoing administrative

actions to weaken this landmark

47a

Cong.

116

Year

No.

2020 H.R.

5986

2020 H.R.

6488

116

2020 S. 3591

116

2020 S. 3811

116

2020 S. 886

116

2020 H.R.

7130

116

2020 S. 3926

116

2020 H.R.

7248

116

2020 H.R.

7374

2020 H.R.

7401

116

2020 H.R.

7406

2020 S. 4265

Title or Summary

law and its protections for

American communities”

Environmental Justice For All Act

Streamlining Permitting to Enable

Efficient Deployment of

Broadband Infrastructure Act of

2020

America's Water Infrastructure

Act of 2020

Restoration of Essential

Conveyance Act

Indian Water Rights Settlement

Extension Act

One Federal Decision Act of 2020,

seeking “to streamline the

environmental review process for

major projects”

Federal Permitting Modernization

Act of 2020

Surface Transportation Advanced

through Reform, Technology, and

Efficient Review Act

Reducing Antiquated Permitting

for Infrastructure Deployment Act

Promoting Interagency

Coordination for Review of Natural

Gas Pipelines Act

Nuclear Licensing Efficiency Act

NEPA Data Transparency and

Accountability Act of 2020

48a

Cong. Year No.

116

2020 S. 4312

116

2020 H.R.

8256

2020 S. 4591

116

2020 S. 4620

116

2020 S. 4829

2020 S. 4862

117

2021 H.R.

644

117

2021 H.R.

940

2021 H.R.

1073

2021 H.R.

1050

117

2021 S. 362

Title or Summary

NEPA State Assignment

Expansion Act of 2020

Recognition of Local Interests in

NEPA Decision Making

NEPA Agency Process Reform

Act of 2020

NEPA Accountability and

Oversight Act of 2020

NEPA Legal Reform Act of 2020

Undoing NEPA’s Substantial

Harm by Advancing Concepts that

Kickstart the Liberation of the

Economy Act of 2020

Reducing Environmental Barriers

to Unified Infrastructure and Land

Development Act of 2021

Clearing Lines along Electrical AtRisk Zones Act

Wildfire Wireless Resiliency Act

Connecting Communities Post

Disasters Act of 2021, providing

“that a project to replace or

improve a communications facility

following a major disaster or an

emergency declared by the

President is not subject to

requirements to prepare certain

environmental or historical

preservation reviews”

Federal Permitting Modernization

Act of 2021

49a

Cong. Year No.

117

2021 H.R.

1325

117

2021 H.R.

1559

2021 H.R.

1845

2021 S. 799

117

2021 H.R.

2115

117

2021 H.R.

2515

117

2021 S. 1254

117

2021 H.R.

3527

Title or Summary

More Energy More Jobs Act of

2021, directing “the Secretary shall

complete all environmental reviews

for the lease sale, including by

issuing a finding of no significant

impact or a record of decision, if

applicable, in less than 365

calendar days”

Modernize Nuclear Reactor

Environmental Reviews Act

American High-Speed Rail Act

Storing CO2 And Lowering

Emissions Act

Safe and Accountable Federal

Energy Review for Pipelines Act of

2021

Building United States

Infrastructure through Limited

Delays and Efficient Reviews Act

of 2021

Rebuild America Now Act, seeking

“to improve the processes by which

environmental documents are

prepared and permits and

applications are processed and

regulated by Federal departments

and agencies”

Recreation Not Red Tape Act,

providing that “the Secretary

concerned shall evaluate whether 1

or more additional categorical

exclusions developed in compliance

with the National Environmental

Policy Act . . . would reduce

processing times or costs for the

50a

Cong.

Year

No.

117

2021 S. 2016

117

2021 H.R.

4335

2021 S. 2324

117

2021 H.R.

4573

117

2021 H.R.

4623

117

2021 H.R.

4740

2021 H.R.

5350

117

Title or Summary

issuance or renewal of special

recreation permits without

significantly affecting the quality of

the human environment”

Surface Transportation

Investment Act of 2021

NEPA Accountability and

Enforcement Act

Federal Permitting Reform and

Jobs Act

Stop Causing Alarming Tree, Air,

and Soil Trauma Resulting from

Obstructive Progressives’ and

Hypocritical Environmentalists’

Schemes Act, directing “a

categorical exclusion to improve or

restore National Forest System

land or public land or reduce the

risk of wildfire”

Commonsense Coordination Act,

establishing “a categorical

exclusion for forest management

activities carried out by the

Secretary of Agriculture jointly

with another Federal agency if

such forest management activities

received a categorical exclusion

with respect to such other Federal

agency”

NEPA Agency Process

Accountability Act

Enhancing Geothermal Production

on Federal Lands Act

51a

Cong. Year No.

117

2022 S. 3762

117

2022 S. 3807

117

2022 S. 3982

117

2022 H.R.

7450

117

2022 H.R.

7654

2022 H.R.

7722

117

2022 S. 4229

117

2022 H.R.

8117

2022 S. J.

Res. 55

117

Title or Summary

Energy Freedom Act

Stopping Hindrances to Invigorate

Ports and Increase Trade Act,

designating land that “shall be

categorically excluded from the

requirements of the National

Environmental Policy Act”

Furthering Resource Exploration

and Empowering American

Energy Act

Build the Wall Now Act, directing

that “any project relating to the

construction of physical barriers,

tactical infrastructure, and

technology along the international

border between the United States

and Mexico shall be exempt from

. . . [NEPA]”

Stop NEPA Expansion Act

Unleashing American Resources

Act, “to require the Secretary of

Agriculture to reissue the final

environmental impact statement

for the Resolution Copper Project

and Land Exchange”

Opportunities for the Nation and

States to Harness Onshore

Resources for Energy Act

Hydrogen Permitting

Simplification Act

Joint resolution “providing for

congressional disapproval under

chapter 8 of title 5, United States

Code, of the rule submitted by the

Council on Environmental Quality

52a

Cong.

Year

No.

117

2022 S. 4596

117

2022 S. 4815

117

2022 H.R.

8928

2022 H.R.

9025

2022 H.R.

9012

117

2022 H.R.

9024

117

2022 H.R.

9339

117

2022 S. 5165

117

2022 H.R.

9641

2023 H.R.

567

2023 S. 595

118

Title or Summary

relating to National Environmental

Policy Act Implementing

Regulations Revisions”

Transparency and Honesty in

Energy Regulations Act of 2022

Simplify Timelines and Assure

Regulatory Transparency Act

Permitting for Mining Needs Act

of 2022

Determination of NEPA Adequacy

Streamlining Act

Stay Off My Line Act, amending

“the National Environmental

Policy Act of 1969 to limit the scope

of environmental reviews required

by such Act”

Directing Responsibility to

Interior for Leases and Licenses

Act

Interactive Federal Review Act,

seeking “to improve the

environmental review process for

Federal-aid highway projects

through the use of interactive,

digital, cloud-based platforms, and

for other purposes”

Pipeline Permitting for Energy

Security Act of 2022

Offshore Energy Modernization

Act of 2022

Salvaging American Lumber Via

Action with Greater Efficiency Act

Rio San José and Rio Jemez Water

Settlements Act of 2023

53a

Cong. Year No.

118

2023 S. 782

118

2023 S. 649

118

2023 H.R. 1

118

2023 S. 1456

118

2023 S. 1399

118

2023 S. 1449

118

2023 H.R.

3323

2023 S. 1630

118

2023 H.R.

4549

118

2023 H.R.

4908

2023 H.R.

6129

2023 H.R.

6147

118

Title or Summary

Furthering Resource Exploration

and Empowering American

Energy Act

Hydrogen Infrastructure Finance

and Innovation Act

Lower Energy Costs Act, codifying

“National Environmental Policy

Act regulations”

Spur Permitting of

Underdeveloped Resources Act

Building American Energy

Security Act of 2023

Revitalizing the Economy by

Simplifying Timelines and

Assuring Regulatory

Transparency Act

Reducing Antiquated Permitting

for Infrastructure Deployment Act

Simplifying Outdoor Access for

Recreation Act, modifying “the

procedures for issuing special

recreation permits for certain

public land units”

Building Chips in America Act of

2023, clarifying “the scope of a

major Federal action under the

National Environmental Policy Act

of 1969 with respect to certain

projects relating to the production

of semiconductors”

Expedited Federal Permitting for

California Act

Studying NEPA’s Impact on

Projects Act

Tribal Cultural Areas Protection

Act

54a

Cong. Year No.

118

2023 H.R.

6252

118

2023 S. 3289

118

2023 H.R.

6492

2024 S. 3754

118

2024 H.R.

7348

118

2024 H.R.

7376

118

2024 H.R.

7409

2024 H.R.

4984

118

2024 H.R.

7587

Title or Summary

Modernize Nuclear Reactor

Environmental Reviews Act

Alaska’s Right to Produce Act of

2023, approving “all authorizations

. . . issued pursuant to Federal law

necessary for the establishment

and administration of the Coastal

Plain oil and gas leasing program”

Expanding Public Lands Outdoor

Recreation Experiences Act

Mississippi River Restoration and

Resilience Initiative Act

Connect the Grid Act, directing

that “[a]ny project to site,

construct, or modify transmission

facilities . . . shall be subject to the

requirements of [NEPA]”

Wireless Broadband Competition

and Efficient Deployment Act,

providing “that a project for the

collocation of a personal wireless

service facility is not subject to

requirements to prepare certain

environmental or historic

preservation reviews”

Harnessing Energy At Thermal

Sources Act

D.C. Robert F. Kennedy Memorial

Stadium Campus Revitalization

Act, directing that “the District of

Columbia shall be responsible for

any obligations under [NEPA]”

Port Optimization for Responsible

Transportation Act, “to propose

new Maritime Administration port

authority projects”

55a

Cong. Year No.

118

2024 H.R.

7655

118

2024 S. 4027

118

2024 H.R.

8214

2024 S. 4406

118

2024 S. 4664

118

2024 S. 4753

Title or Summary

Pipeline Safety, Modernization,

and Expansion Act of 2024

Streamlining Powerlines Essential

to Electric Demand and Reliability

Act of 2024

Alaskan Energy Production and

Fisheries Protection Act

End Polluter Welfare Act of 2024,

“to eliminate certain subsidies for

fossil-fuel production”

Department of Energy AI Act,

directing the use of “AI for deeper

review of past determinations

under the National Environmental

Policy Act”

Energy Permitting Reform Act of

2024

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.