CHARLESTON, W.Va. — West Virginia Attorney General JB McCuskey is leading a coalition of 21 states in support of the U.S. Environmental Protection Agency’s proposal to revise how the agency conducts environmental reviews under the National Environmental Policy Act.
In a letter submitted to the EPA, the states argue that NEPA — enacted in 1970 — has increasingly resulted in years‑long reviews, lengthy environmental reports, and heightened litigation risk for major infrastructure projects such as highways, water systems, power plants, and pipelines. The coalition says Congress intended NEPA to function through modest procedural requirements, but that special interest groups have used the law to stall projects they oppose.
The EPA’s proposed rule would impose firm deadlines, page limits, and streamlined categorical exclusions, which supporters say would make environmental reviews faster and more predictable while maintaining accountability. The states argue the changes would help critical projects move forward without being delayed by bureaucratic hurdles.
“Liberal eco‑activist special interest groups weaponized this Act so that it bogged down critical infrastructure projects simply because they didn’t like them,” McCuskey said. He added that the proposed rule would “streamline the process” and allow essential projects in West Virginia to advance more quickly.
The coalition notes that recent actions — including the Fiscal Responsibility Act of 2023, as well as efforts by President Trump, the Supreme Court, and Congress — have aimed to curb NEPA‑related delays. They say the EPA’s proposed rule would be another significant step toward preventing infrastructure projects from being stalled or stopped by procedural challenges.
The letter concludes that the updated process would benefit states, project sponsors, and the public by offering faster reviews, greater predictability, and continued accountability.
States joining West Virginia include Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota, Tennessee, Texas, and Wyoming.
