Sinema: Administration’s Environmental Phase II Final Rule Undermines Bipartisan Infrastructure Law

Jun 24, 2024

Senator and colleagues introduce a resolution disapproving the Administration’s NEPA Phase II Final Rule with provisions that delay Bipartisan Infrastructure Law investments

WASHINGTON – Arizona senior Senator Kyrsten Sinema and colleagues in the U.S. Senate and House of Representatives introduced a resolution disapproving the Administration’s National Environmental Policy Act (NEPA) Phase II Final Rule, which includes provisions that lead to costly and significant delays to programs in Sinema’s Bipartisan Infrastructure Law and the Sinema-shaped Inflation Reduction Law.

“Provisions in the Administration’s NEPA Phase II Final Rule go beyond the scope of what Congress negotiated last year – undermining programs from my Bipartisan Infrastructure Law and the Inflation Reduction Law by imposing harmful and costly delays. Our resolution ensures the Administration follows Congressional intent,” said Sinema.

Sinema’s resolution, sponsored by U.S. Senators Joe Manchin (I-W.Va.) and Dan Sullivan (R-Alaska), disapproves of the Administration’s implementation of the NEPA Phase II Final Rule, which goes beyond the scope of the statute in implementing the permitting agreement Sinema and her colleagues negotiated last year in the Fiscal Responsibility law.

The Fiscal Responsibility Law enacted critical reforms to the permitting process by introducing page limits, review deadlines, and scope limitations, and establishing a lead federal agency, among other measures. However, the Administration introduced numerous unrelated provisions into its NEPA Phase II rule. These changes by the Administration would grant them the ability to selectively approve certain energy projects, which could unfairly impose stricter and more arbitrary reviews on various green energy and infrastructure projects – leading to significant and costly delays to Sinema’s Bipartisan Infrastructure Law and Inflation Reduction Law programs.