16. Department of the Interior · Major · Needs Congress
Amend NEPA to eliminate judicial review of NEPA documents
Attempted
Printed page 533 16. Department of the Interior
“Meanwhile, the new Administration should call upon Congress to reform NEPA to meet its original goal. Consideration should be given, for example, to eliminating judicial review of the adequacy of NEPA documents or the rectitude of NEPA decisions.”
What has happened
- Attempted
The House passed H.R. 4776, the SPEED Act (Standardizing Permitting and Expediting Economic Development), 221–196. It amends NEPA and limits judicial review of NEPA cases — shorter filing windows and remedies — but does not eliminate review. Received in the Senate and referred to Environment and Public Works, where it sits; companion S. 3224 was introduced 2025-11-19.
Research log
What was searched, and what didn’t count as evidence
Research notes
- The vote (Roll no. 356, 221–196, 2025-12-18) and the Senate referral come from congress.gov’s record of actions on H.R. 4776; the congress.gov bill page itself would not open for us.
- Scope, read from the engrossed text at govinfo.gov/content/pkg/BILLS-119hr4776eh/html/BILLS-119hr4776eh.htm: §3 inserts a new NEPA §110B that makes courts give “substantial deference” to the agency and forbids substituting their judgment on environmental effects; makes remand without vacatur or injunction the only remedy, with the action staying in effect; bars claims filed more than 150 days after the action, claims by parties that did not comment, and any challenge to a categorical exclusion; and removes administrative and judicial review entirely for actions affecting tribal trust resources. It curtails review sharply and eliminates it for two categories, but does not eliminate judicial review of NEPA documents generally — which is why one-chamber passage is attempted, not more.
- No presidential document since 2025-01-20 asks Congress to end NEPA judicial review (a Federal Register full-text search of presidential documents for NEPA “judicial review” Congress found only EO 14154, which directs CEQ rulemaking — see #86). The executive-side NEPA rollback is tracked at #86.
- Action
- eliminate
- Object
- Judicial review of NEPA documents and decisions
- ID
- 1501