July 17, 2025
Philip Rossetti, a Senior Fellow for Energy and Environment at the R Street Institute, has issued a statement in anticipation of a hearing titled “Permitting Purgatory: Restoring Common Sense to NEPA Reviews,” scheduled for July 22, 2025. Rossetti’s research emphasizes free-market policy solutions aimed at enhancing economic and environmental outcomes in the United States.
Rossetti points out that “the ability to deploy capital and build new infrastructure or other projects is a key component of economic growth in the United States.” However, he notes that “artificial barriers to the market entry of capital stock hold back growth” and result in environmental harm due to reliance on less-efficient infrastructure. He identifies protracted permitting timelines under the National Environmental Policy Act (NEPA) as a significant concern.
According to research conducted by the R Street Institute, while most projects requiring NEPA approval are exempt from stringent requirements, major projects often face extensive document preparation leading to lengthy approval timelines. The timeline for approving environmentally significant projects through NEPA has increased from an average of 3.4 years in 2010 to 4.7 years in 2019.
Rossetti attributes extended document preparation timelines under NEPA primarily to litigation risk. He references the Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County as an example where litigation risk led to a substantial increase in document preparation.
The R Street Institute’s findings suggest that clean energy projects are more likely than fossil fuel projects to require an Environmental Impact Statement (EIS), which contributes to environmental harm attributable to litigation risk under NEPA.
In conclusion, Rossetti asserts that “shortening NEPA document preparation timelines is an essential element of improving infrastructure—particularly energy-related infrastructure—in the United States,” offering both economic and environmental benefits.
Rossetti expressed gratitude for the upcoming hearing and invited further discussion on his views.
