Update From Washington, DC
January 9, 2020
Congress Returns for Second Session – Impeachment, Iran Dominate Early Headlines;Trump Administration Proposes Changes to NEPA Regulations; House Transportation & Infrastructure Committee Holds First Hearing of 2020
Following the holiday break, lawmakers returned to Capitol Hill this week to kick off the second session of the 116th Congress. While impeachment remains a key topic of discussion in the halls of Congress, Senate leaders have yet to agree on the ground rules for a trial. For her part, House Speaker Nancy Pelosi (D-CA) has refused to send the articles of impeachment to the upper chamber until Democrats receive assurances that the trial will be conducted in a fair and impartial manner. With little leverage, and despite winning no concessions from Senate Republican leaders, Pelosi recently indicated that she would likely send over the articles of impeachment soon.
In other developments, President Trump’s unilateral decision to assassinate a top Iranian military commander has caused consternation among Democrats in both chambers of Congress. In response to the administration’s action, later today, members of the House will vote on a war powers resolution (H Con Res 83) that would limit the president’s authority to take any future military action against Iran. Specifically, the resolution would bar U.S. troops from participating in hostilities against Iran or any part of its government or military, unless authorized by Congress or done in response to an imminent threat. While the measure is expected to pass on a largely party line vote, a similar resolution (S J Res 63) in the Senate may fall just shy of the necessary GOP support. Looking ahead, Pelosi has hinted that the House may also consider legislation that would cut off funding for action against Iran and repeal existing military authorizations.
In addition to the war powers resolution, the House approved legislation (HR 535) this week that would require the Environmental Protection Agency (EPA) to regulate and mitigate pollution from per-and polyfluoroalkyl substances (PFAS). These so-called “forever chemicals” resist breaking down in the environment and have been linked to health problems by the EPA. The bill also would require the agency to add the chemicals to its hazardous substance list, a prospect that could turn every contaminated location into a Superfund site. Senate Republicans are concerned that this particular provision goes too far, essentially rendering the bill – in its current form – dead on arrival. For its part, the Trump administration has threatened to veto the measure.
Trump Administration Proposes Changes to NEPA Regulations
This week, the Trump administration released a Notice of Proposed Rulemaking that would make major changes to the National Environmental Policy Act (NEPA). Enacted in 1970, NEPA is considered the country’s bedrock environmental law and requires federal agencies to assess the environmental impacts of proposed infrastructure projects. The law also provides the general public with an opportunity to comment on the effects of proposed projects, as well as major federal actions that could impact the environment.
Among other changes, the administration’s rule would generally require federal agencies to complete environmental reviews within two years. According to the White House, the average time for agencies to complete an environmental impact statement (EIS) is over four years, with highway project reviews averaging seven years.
The administration’s proposal also would narrow the range of projects that trigger a NEPA review. Specifically, projects that have minimum federal funding or involvement would be allowed to move forward without an assessment. Furthermore, the proposal would nullify a longstanding requirement that federal agencies take climate change into account when analyzing environmental impacts. Pursuant to the rule, agencies would no longer be required to consider the “cumulative” impacts of new infrastructure, which courts have interpreted as a mandate to study the effects of emitting more greenhouse gas emissions into the atmosphere.
While a variety of industry stakeholders applauded the release of the proposed rule, environmental groups harshly criticized the proposal. Like many of the Trump administration’s previous environmental initiatives, the proposed NEPA regulation is expected to be the subject of litigation.
Stakeholders will have 60 days to comment on the proposed rule once it is published in the Federal Register.
House Transportation & Infrastructure Committee Holds First Hearing of 2020
On January 9, the House Transportation & Infrastructure Committee’s Water Resources and Environment Subcommittee held a hearing entitled “Proposals for a Water Resources Development Act (WRDA) of 2020.” Appearing before the subcommittee was R.D. James, Assistant Secretary of the Army-Civil Works, and Lieutenant General Todd Semonite, Chief of Engineers and Commanding General for the U.S. Army Corps of Engineers.
During his testimony, Assistant Secretary James noted the Trump administration’s goal of fostering stronger partnerships between the federal government and non-federal stakeholders. Among other initiatives, James highlighted the implementation of a previous legislative reform within WRDA that allows the Corps to transfer federal appropriations to non-federal sponsors to construct projects on their own. The Assistant Secretary also emphasized efforts to streamline and eliminate duplicative reviews.
Looking ahead, both the House and Senate are expected to develop their respective versions of a two-year WRDA reauthorization bill this spring. In recent years, Congress has returned to the practice of approving biennial WRDA legislation, with measures approved in 2014, 2016, and 2018.