Kelly, Curtis Introduce Bipartisan Bill to Increase Transparency in Environmental Reviews

Legislation would require detailed annual reports on costs, timelines, and delays related to NEPA reviews

Today, Senators Mark Kelly (D-AZ) and John Curtis (R-UT) introduced the Studying NEPA’s Impact on Projects Act, bipartisan legislation to improve the transparency and accountability of federal permitting reviews to prevent future unnecessary delays. The bill requires the Council on Environmental Quality (CEQ) to publish an annual report detailing the impact of National Environmental Policy Act (NEPA) reviews and related lawsuits. It provides Congress and the public with a clear picture of how NEPA affects project timelines and costs —creating more transparency and laying the groundwork for reforms to the environmental review process that get critical projects completed more quickly. 

“When projects to fix roads, build homes, or expand clean energy get delayed for years, Arizonans pay the price. We need to identify unnecessary delays so we can cut red tape while protecting clean air and clean water,” said Kelly. “By bringing more transparency to environmental reviews, we’ll have the data to lower costs and get important projects done faster.” 

“Utahns care deeply about protecting the land they have lived on for generations and are frustrated by the antiquated and burdensome federal environmental review process they face in doing so,” said Curtis. “Our bipartisan legislation will bring more transparency to environmental reviews, helping us all better understand how they impact project timelines, costs, and other challenges.” 

Background: 

NEPA, enacted into law in 1969, requires all branches of government to consider environmental impacts prior to undertaking any major federal action that affects the environment. These requirements are invoked when airports, buildings, roads and highways, and other federal activities are proposed. However, what began as a tool to ensure thoughtful stewardship has evolved into a process often plagued by excessive delays, rising costs, and legal uncertainty. 

Currently, there is no comprehensive government-wide accounting of the lawsuits, costs, timelines, or outcomes associated with NEPA reviews. Without this transparency, it is nearly impossible to identify areas for meaningful reform or improvement. 

The Studying NEPA’s Impact on Projects Act addresses this gap by equipping Congress, agencies, and the public with reliable information about the real-world effects of NEPA implementation.  

The CEQ report would detail key data related to NEPA implementation, including: 

• Average and median page counts of environmental assessments and impact statements. 
• Total costs incurred by agencies and applicants to prepare NEPA reviews. 
• Active NEPA-related litigation broken down by lead agency and plaintiff, court outcomes, and settlement agreements. 
• Dates of key project milestones and average timeframes to complete reviews. 

The full text of the bill can be found here.