"Restoring American manufacturing [...] will demand that we look beyond NEPA.
What It’s About
Hochman examines the limitations of focusing solely on the National Environmental Policy Act (NEPA) when addressing environmental permitting barriers to building. He emphasizes that other longstanding statutes, such as the Clean Air Act and the Clean Water Act, also significantly impede industrial development and infrastructure projects and require thoughtful revision.
Upshot
Hochman highlights:
- Regulatory Overlap: Multiple federal and state environmental laws create complex and overlapping requirements, leading to delays and increased costs for projects
- Beyond NEPA: While NEPA draws attention, other barriers like the Clean Air Act’s New Source Review and certain Clean Water Act provisions are even bigger barriers to manufacturing and infrastructure development
- Win-Win Reform: Instead of case-by-case reviews, environmental statutes should shift toward ex ante programmatic approvals (that is, pre-cleared categories of projects that meet defined criteria), allowing for much quicker deployment while maintaining environmental standards.
Did You Know? Clean Water Act permits were the most frequently cited regulatory challenge in a Department of Commerce survey of domestic manufacturers.
Why It Matters
NEPA has attracted attention and infamy as the heart of America’s sclerotic environmental review process. But deeper and intergovernmental reform of environmental permitting processes will be needed to revive the dynamism of America’s built environment.
Who Wrote It
Thomas Hochman is Infrastructure Director at the Foundation for American Innovation.
