Studying NEPA’s Impact on Projects Act
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Would require each federal lead agency to submit annual data to the Council on Environmental Quality on NEPA-related lawsuits, the length and cost of environmental impact statements, and how long environmental reviews take — with CEQ then publishing all data publicly and forwarding reports to Congress.
The bill is primarily an oversight and transparency measure: it would create a systematic public record on NEPA review burdens across 14 major project sectors, including energy, transportation, and mining, and would allow Congress to track whether 2023 reforms to the law have had measurable effects.
What this bill would do
What it would do
The bill would amend Section 201 of the National Environmental Policy Act of 1969 (NEPA) to require each federal "lead agency" — an agency that directs NEPA environmental review for a major federal action — to submit an annual report to the Council on Environmental Quality (CEQ) by July 1, 2026, and every July 1 thereafter. Each report must cover three areas: (1) every NEPA-related civil lawsuit active in the preceding year, including parties, courts, alleged bases, and case outcomes; (2) the length and cost of environmental impact statements published over the prior five years; and (3) the timelines to complete each stage of environmental reviews over the prior ten years. All data would be disaggregated by 14 named industry sectors plus any additional ones CEQ designates.
CEQ would compile and publish each report along with its underlying data on its public website, and submit the reports to the House Committee on Natural Resources and Senate Committee on Environment and Public Works. The bill does not itself change any NEPA substantive requirements or review procedures; it adds only a reporting and transparency layer. Reports through 2028 and 2033 respectively must include before-and-after comparisons relative to the Fiscal Responsibility Act of 2023.
Key provisions
- 1Would require each federal lead agency to submit annual reports to CEQ by July 1, 2026, and annually thereafter, covering NEPA litigation, EIS length and cost, and review timelines.
- 2Would require reports to detail every NEPA-related civil action active in the prior year, including parties, courts, alleged bases, outcomes, settlements, and any costs awarded to plaintiffs.
- 3Would require reports to include average and median page counts and estimated preparation costs of environmental impact statements published over the prior five years, disaggregated by agency.
- 4Would require reports to include average and median completion timelines for each stage of environmental reviews — from application to notice to proceed — over the prior ten years.
- 5Would require CEQ to publish all reports and underlying data on its website and submit them to the House Committee on Natural Resources and the Senate Committee on Environment and Public Works.
- 6Would require all reported data to be disaggregated by 14 named covered sectors, including aviation, pipelines, mining, renewable energy, and surface transportation, plus any others CEQ designates.
Who would be affected
Federal lead agencies that conduct or oversee NEPA environmental reviews, the Council on Environmental Quality (which would aggregate and publish the data), and congressional oversight committees. Project sponsors in the 14 covered sectors — including conventional and renewable energy, pipelines, surface transportation, mining, forestry, and broadband — would have their project timelines and costs tracked and reported publicly.
Why it matters
If enacted, the federal government would for the first time compile a consistent, publicly accessible annual record of how often NEPA reviews are litigated, how long they take, and how much they cost across major project sectors. Congress and the public could use this data to evaluate whether past or future NEPA reforms are reducing review burdens — particularly whether the Fiscal Responsibility Act of 2023 had a measurable effect on timelines and costs.
What would change
Changes to existing law
Amends National Environmental Policy Act of 1969, Section 201 (42 U.S.C. 4341) (Sec. 2)
Replaces existing Section 201 with new annual reporting requirements on NEPA litigation, EIS length and cost, and review timelines, with CEQ as the publishing and transmitting body.
Agencies directed to act
Effective dates
- First annual agency reports to CEQ due
- EIS-length and cost data must include before/after Fiscal Responsibility Act of 2023 disaggregation through this year
- Review-timeline data must include before/after Fiscal Responsibility Act of 2023 disaggregation through this year
How implementation would work
Lead agencies would compile annual reports from their internal records and submit them to CEQ each July 1 beginning in 2026. CEQ would publish each report and its underlying data — including court-record citations for listed lawsuits — on its website and transmit them to two congressional committees, potentially as part of its existing Section 107(h) annual report. EIS length and cost data must cover a rolling five-year window; timeline data must cover a rolling ten-year window. For specified years, agencies must separately break out data predating and postdating the Fiscal Responsibility Act of 2023 to allow trend comparisons. No rulemaking authority or enforcement mechanism is specified.
Legislative status & sources
Latest action
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
Official CRS summary
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This bill directs the Council on Environmental Quality (CEQ) to annually report on the impact of the National Environmental Policy Act of 1969 (NEPA) on projects that require NEPA review. CEQ must publish the report on its website and submit it to certain congressional committees. The report must include
- specified information about NEPA litigation, such as the number of cases, the status of cases, and their outcomes;
- the length and costs of the environmental impact statements and environmental assessments prepared; and
- the time it takes to complete environmental reviews under NEPA.
Legislative subjects
Advisory bodies; Congressional oversight; Environmental Protection; Environmental assessment, monitoring, research; Government information and archives
Committee report
H. Rept. 119-393