At the House Resources Committee National Environmental Policy Act (NEPA) Task Force final hearing today, Task Force Ranking Member Rep. Tom Udall (D-NM) noted that the characterization of the landmark law put forth by critics is at odds not only with the record developed by this Task Force, but also with the history of the statute.
"Where critics see delay, I see deliberation. Where they see postponed profits, I see public input. Where they see frivolous litigation, I see citizens requiring their government to live up to its responsibilities. And where they see a barrier to development, I see a shield that protects all Americans from the shortsightedness of a massive federal bureaucracy," said Udall.
Since becoming law 35 years ago, NEPA has enjoyed a legacy of bipartisan support from those charged with its administration. On September 19, 2005, a group of eight former Chairs of the Council of Environmental Quality (CEQ) and two General Counsels of CEQ wrote to the Task Force, stating their support for NEPA and to express their concerns that "certain recent measures and pending proposals fail to reflect, and in some instances may undermine, the basic principles of NEPA."
During the course of the Task Force’s work, the House Resources Committee has approved several pieces of legislation that weakened NEPA, including energy and budget legislation.
Resources Committee Ranking Member Nick J. Rahall (D-WV), a staunch supporter of NEPA, said, "The credibility of this Task Force was repeatedly undercut by this Committee when it made sweeping changes to NEPA in the energy and budget reconciliation bills despite the fact that this Task Force had not completed its work."
He continued, "The burden of proof rested squarely on those proposing to change NEPA and that burden has not been met."
Udall added, "The law operates as an antidote to the arrogance of big government and thus should be embraced by anyone who trusts the American people to take part in managing their public resources."
Rahall and Udall predict that the expiration of the Task Force’s charter signals that a legislative effort to weaken NEPA is imminent.
"Any such legislation must be seen for what it is – an attempt to limit public input into federal decision-making and to weaken judicial enforcement of the law – rather than as the solution to some poorly defined problem with NEPA this Task Force was unable to uncover," stated Rahall.
Rahall added, "This Task Force set out to reveal problems with NEPA, but in the end, the record it developed simply proves what we have argued all along: NEPA is not broken and does not need fixing, particularly not the kind of "fix" we fear proponents have in mind."
Rahall concluded, "Congressman Udall has been an advocate for NEPA and, therefore, an advocate for open, responsible and representative government and we thank him for his efforts. In addition, I would like to thank the other Members of the Task Force from our side of the aisle for their work, in particular Representatives Jay Inslee and Raul Grijalva, both of whom provided leadership, as well as insight and energy to this process.
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