Airport Alert: Senate Passes Resolution to Nullify Biden's NEPA Rule

The Senate passed a joint resolution on August 4 of disapproval that would block the Biden Administration from implementing new regulations regarding the National Environmental Policy Act (NEPA). The resolution was passed by a vote of 50-47 using procedures set up in the Congressional Review Act (CRA), which allows Congress to overturn final rules issued by federal agencies with simple majorities in both chambers. Senator Joe Manchin (D-WV), whose been working on a separate measure to reform federal energy permitting regulations, provided the sole Democratic 'yes' vote.

Senate Republicans, led by Senator Dan Sullivan (R-AK), have been critical of the White House Council on Environmental Quality's (CEQ) NEPA rule since it was finalized this spring. They claim that the new regulations will bog down the already-onerous federal permitting process and add further delay to building vital infrastructure projects, including those funded through the Infrastructure Investment and Jobs Act. 

For background, the new NEPA rule requires federal agencies, including the Federal Aviation Administration (FAA), to examine a broader scope of the environmental impacts of a proposed project during a NEPA review. The rulemaking is part of a broader effort by the Biden Administration to roll back certain reforms that were made to the NEPA environmental review process in 2020 by the Trump Administration and ensure that the federal government is considering the effects of greenhouse gas (GHG) emissions and climate change during federal permitting decisions. 

Despite the passage of this resolution of disapproval in the Senate, the effort is largely symbolic. It is unlikely that there are enough votes in the House to pass this measure, and even if there were, President Biden would surely veto it.