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New bill would limit NEPA authority

WLJ
Nov. 03, 2023 1 minute read
New bill would limit NEPA authority

Producer Joe Kipp's Ranch.

USDA-NRCS

A group of senators has introduced the Revising and Enhancing Project Authorizations Impacted by Review (REPAIR) Act, which would streamline the permitting process for energy, manufacturing and critical infrastructure projects.

The senators said the bill will stop “radical groups from hijacking the justice system” and sending projects into legal purgatory. The legislation would ensure “all laws related to permitting have the same review process, scope of adjudication, rules for standing, and statute of limitations.”

The bill would remove the ability to file a suit based on the National Environmental Policy Act (NEPA), and instead focus lawsuits on the statute for which the permit was issued.

“In the case of a judicial remand or other court action, the REPAIR Act establishes a mediation process that allows the project developer and the permit-issuing agency to directly address the challenge in order to allow the project to move forward,” according to a news release.

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