Natural Resources and Mining Law Blog
On December 18, 2025, the House of Representatives passed the Standardizing Permitting and Expediting Environmental Decisions (SPEED) Act by a vote of 221-196. The legislation represents the most comprehensive proposed reform of the National Environmental Policy Act (NEPA) in decades and marks a significant milestone in efforts to streamline federal environmental permitting for infrastructure and resource development projects. View a copy of the bill: H.R. 4776
The bill’s passage came after Republican leadership added an anti-offshore wind provision to secure votes from GOP hardliners. The amendment led the American Clean Power Association to withdraw its previous endorsement, transforming what had been conceived as technology-neutral permitting reform into more partisan legislation.
SPEED Act Background
The SPEED Act targets NEPA, the foundational statute governing environmental reviews for major federal actions, including mining projects requiring federal permits or approvals. The legislation aims to make federal environmental reviews more focused, timely, and predictable through several key mechanisms:
- Enforceable Deadlines with Sponsor Control: Maintains existing statutory deadlines of two years for an Environmental Impact Statement (EIS) and one year for an Environmental Assessment (EA), but requires project sponsor approval for any timeline extensions.
- Narrowed Scope of Analysis: Limits environmental analysis to direct, proximate effects, excluding consideration of indirect or cumulative impacts. This codifies recent Supreme Court precedent and could substantially reduce the breadth of analysis required.
- Litigation Reforms: Restricts standing to “unique, substantive commenters with direct harm,” shortens the filing deadline from six years to 150 days, and eliminates vacatur and injunctions as available remedies. Courts could only remand decisions for correction within 180 days, allowing projects to continue advancing during litigation.
- Expanded Categorical Exclusions: Makes categorical exclusions shared across agencies and immune from legal challenge, potentially allowing routine activities to proceed without full NEPA review.
- Extended Programmatic Reviews: Doubles the period for relying on programmatic environmental reviews from five to ten years, reducing duplicative project-specific analysis.
The Push for Reform
The legislation responds to data showing significant permitting delays. A 2024 S&P Global study found that U.S. mining projects require an average of nearly 29 years from discovery to production—the second-longest development timeline globally. While Council on Environmental Quality data shows median EIS completion time has improved to 2.2 years, 25% of EISs still exceed six years. The National Mining Association has emphasized the urgency of addressing these delays to reduce reliance on foreign mineral sources.
Senate Outlook
The Senate is expected to undertake significant revisions to the House-passed bill. With Republicans holding a narrow majority, passage requires 60 votes—meaning at least seven Democratic votes are needed. Democrats are advocating for a broader package that includes support for clean energy and transmission infrastructure. Senator John Hickenlooper (D-Colo.) has expressed optimism about reaching a deal in the first quarter of 2026, though negotiations are expected to address key sticking points including technology neutrality and the scope of environmental analysis.
Although the House passage represents a significant milestone, the ultimate impact on resource development permitting will depend on Senate negotiations expected to extend into 2026.
Kerry Shapiro chairs the Natural Resources & Mining Practice Group at Jeffer Mangels Butler & Mitchell LLP. He has represented the mining, building materials, and other resource industries on mineral extraction and land development projects for more than 25 years. Kerry also serves as General Counsel to the California Construction and Industrial Materials Association (CalCIMA). Contact Kerry at KShapiro@jmbm.com.
Ha Chung is an environmental and land use lawyer at Jeffer Mangels Butler & Mitchell LLP. He advises clients on land use, development, water resources, and environmental regulatory compliance matters. Contact Ha at HChung@jmbm.com.