Major Changes to Federal Permitting and the National Environmental Policy Act in the Debt Ceiling Compromise

Regulatory Transparency Project Webinar

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On June 3, President Biden signed into law H.R. 3746, the Fiscal Responsibility Act of 2023 (Public Law 118-5). The Act made significant changes to federal permitting for major infrastructure projects, including the first significant amendments to the National Environmental Policy Act (NEPA) in its history. In this webinar, experts aim to shed light on the implications of these changes for our nation's environmental policy framework.

Our distinguished panelists will provide expert analysis and engage in a robust discussion on major issues raised by the new changes and their implications for permitting and NEPA review of major infrastructure projects.

Discussion will focus on changes to NEPA and related permitting for major infrastructure projects, including:

  • Empowering lead agencies
  • "Reasonably foreseeable" limitation on environmental impacts that must be studied
  • Guidance on alternatives that must be considered
  • Statement of purpose and need
  • Time limits and page limits for EISs and EAs
  • Project proponent can prepare their own EISs
  • New definition of "major federal action"
  • Mining, offshore leases, and other Department of Interior issues

Join us for this engaging webinar to gain a comprehensive understanding of the significant changes to NEPA resulting from the debt ceiling compromise.


  • Emily Domenech, Senior Policy Advisor, Office of the Speaker
  • Thomas Connally, Counsel, House Natural Resources Committee
  • Jason Hill, Counsel, Hunton Andrews Kurth
  • Moderator: Mario Loyola, Senior Fellow, Competitive Enterprise Institute

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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.