NGA BriefingJuly 17, 2005

NEPA:OPEC’s Best

Friend

Why OPEC’s Best Friend?

Single most effective tool by professional protest groups to slow, retard, scale back, make more expensive and block domestic energy development.

Successful use of NEPA to block American energy means America is more reliant on foreign energy.

A Good Law Gone Bad

Original Intent is Laudable.

Law’s implementation and avalanche of lawsuits have warped it into a maze with no exit.

Scoop Jackson foretold problems.

Good NewsNEPA’s Failings

Can Be Fixed.

GOOD NEWS

Process can be improved and streamlined while maintaining environmental protections.

Democrats and Republicans in Congress looking at reforms.

White House is focused on reforms. Consumers will be biggest winners.

Bad NewsProtest Groups Will

Make Improving NEPA Very Difficult.

BAD NEWS

Reform will inflame professional protest groups who rely on NEPA to slow or stop economic growth.

Activist lawyers who make a living filing NEPA lawsuits will oppose streamlining.

Biggest losers: low-income families now struggling with energy prices.

NEPA Costs?Incalculable.

COSTS OF NEPA?

NEPA/ESA form the twin pillars of anti-growth activism.

Combo is a principal driver of growing foreign energy dependency.

Costs of that dependency staggering.

Domestic opportunity costs also huge (lost jobs, economic growth, income growth, economic balance of payments).

NEPA & Energy

How To Improve NEPA

1. Evaluate NEPA, in the context of the many substantive environmental laws enacted since 1969, and eliminate duplication and overlap in the environmental evaluation process.

How To Improve NEPA

2. Establish a “lead agency” responsible for coordinating NEPA-related planning efforts.

How To Improve NEPA

3. Prevent redundant or duplicative NEPA analyses.

How To Improve NEPA

4. Institute specific timelines for NEPA reviews.

How To Improve NEPA

5. Input from affected entities should be given proper weight.

How To Improve NEPA

6. Provide sufficient financial resources and training programs to all levels of governments.

How To Improve NEPA

7. Require “Statements of Effects” for all alternatives considered in a NEPA process.

How To Improve NEPA

8. Require complete economic impact analysis for all alternatives being considered.

How To Improve NEPA

9. Activities that are non-significant and temporary should be evaluated under “Categorical Exclusions.”

How To Improve NEPA

10. Increase the use of “programmatic documentation” to decrease the need for Environmental Impact Statements.

How To Improve NEPA

11. Streamline the number of alternatives proposed by agencies

How To Improve NEPA

12. Improve and enhance judicial review of NEPA decisions

Winners In NEPA Reform

Low-income families & consumers State & Local entities America’s economy America’s national security America’s global competitiveness Renewable and conventional energy THE ENVIRONMENT

Losers In NEPA Reform

Anti-growth activist groups Federal government workers NEPA-dependent lawyers Foreign energy interests