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By and
The National Environmental Policy Act of 1970 no longer serves its intended purpose. For decades activist courts have transformed the law’s modest environmental-review requirement into a litigation nightmare. Hundreds of NEPA lawsuits brought by antidevelopment activists every year add enormous delays and many millions of dollars in costs to the nation’s most critical infrastructure projects—often without any corresponding environmental benefit.
One of the most insightful critics of this dysfunctional system has been West Virginia Sen. Joe Manchin. Though we disagree with much of the Inflation Reduction Act—which passed the Senate Sunday and awaits likely approval in the House—we were heartened to see that Mr. Manchin secured a commitment to NEPA reform later this year. The initial list of efficiency-focused reforms is a good start, but it must be only that—a start. Without fundamental changes, activist litigation will continue to put a 100-pound thumb on the scale against the development of crucial energy infrastructure. Mr. Manchin must now pivot to turning his Democratic colleagues’ vague commitment into serious policy.
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