AFP Foundation Sues Biden Administration for Public Records Relating to Overreaching Energy Permitting Regulations

Arlington, Va. – Americans for Prosperity Foundation today filed a Freedom of Information Act (FOIA) complaint seeking information on the Council of Environmental Quality’s (CEQ) recent overreaching revisions to energy permitting regulations that will cause delays and drive up the costs of badly needed energy projects.

Click here to view the complaint.

In May, AFP Foundation launched a FOIA investigation into CEQ’s final rule titled, “National Environmental Policy Act Implementing Regulations Revisions Phase 2.” AFP Foundation filed FOIA requests with CEQ, Bureau of Land Management, Department of Energy, Department of the Interior, and U.S. Army Corps of Engineers. Two months later, AFP Foundation has yet to receive records.

CEQ issued the new regulations in response to amendments Congress made to the National Environmental Policy Act (NEPA) as part of the Fiscal Responsibility Act of 2023. These amendments were meant to streamline the energy project permitting process by shortening and simplifying the environmental review process. However, the new CEQ regulations appear to go beyond CEQ’s regulatory authority and further complicate the permitting process. 

AFP Foundation Investigative Analyst Thomas Kimbrell stated:

CEQ’s new NEPA regulations threaten to deter, delay, and drive up the costs of energy-producing projects. Congress amended the NEPA to streamline the permitting process. We are filing suit to bring transparency to the agency actions and decisions that led to a rule undermining the intent of the people’s elected representatives.