Gov. Noem and Colleagues Oppose NEPA Rule

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September 26, 2023

Contact: Ian Fury


Gov. Noem and Colleagues Oppose NEPA Rule


PIERRE, S.D. – Today, Governor Kristi Noem and 16 of her fellow Republican governors sent a letter to the Council on Environmental Quality (CEQ) Chair Brenda Mallory opposing the National Environmental Policy Act (NEPA) Implementing Regulations Revisions Phase 2. You can read the letter here.


“The stated purpose for the Proposed Rule is to increase the efficiency and effectiveness of the NEPA process. It fails in both regards,” wrote Governor Noem and her colleagues. “Instead, the Proposed Rule eliminates the clarity of the existing rule, decreases NEPA’s efficiency, and drastically increases the potential for litigation related to NEPA decisions.”


The Proposed Rule would largely undo many of the changes made by the rules passed on July 16, 2020, which were designed to increase the overall efficiency and effectiveness of the NEPA process. But only three years later, the CEQ is once again proposing wholesale revisions to the implementing regulations. This causes confusion and uncertainty in the NEPA process and with the CEQ’s regulations.


“There are multiple suggestions in the Proposed Rule that will certainly cause further delays in the NEPA process,” continued Governor Noem and the other governors. “We look forward to your prompt reply so we can continue to cooperate with CEQ and provide an informed perspective in these critical conversations. We also continue to support meaningful revisions to NEPA, where appropriate, but will not support changes that make the process less efficient, less effective, invite litigation, and/or fail to fully consider state-specific information in the NEPA process.”


Governor Noem was joined by the following Republican governors in issuing the statement:

Nevada Governor Joe Lomardo, Utah Governor Spencer Cox, Alabama Governor Kay Ivey, Georgia Governor Brian Kemp, Idaho Governor Brad Little, Indiana Governor Brian Holcomb, Iowa Governor Kim Reynolds, Mississippi Governor Tate Reeves, Missouri Governor Mike Parson, Montana Governor Greg Gianforte, Nebraska Governor Jim Pillen, New Hampshire Governor Chris Sununu, North Dakota Governor Doug Burgum, Oklahoma Governor Kevin Stitt, Texas Governor Greg Abbott, and Wyoming Governor Mark Gordon.