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The growing bipartisan push to reform environmental litigation laws - Reason Foundation

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The transportation industry and community are well aware that opponents of major projects use litigation to challenge environmental impact statements after they are issued. In recent years, Congress has enacted modest reforms regarding the time frame and page count of environmental impact statements, but it has yet to consider any reforms that would limit the delays and costs imposed by environmental litigation. However, this critical policy picture has begun to change. Over the last few years, the Overton Window has opened for this subject, meaning that reform of environmental litigation has become legitimate to discuss. (The Overton Window explains the boundaries of what policies are open—or not—to serious discussion about change.) Over the past several years, several prominent mainstream centrist and liberal opinion leaders such as Ezra Klein of The New York Times and Matthew Yglesias, author of a popular Substack newsletter and Bloomberg column, have published work arguing that env

The transportation industry and community are well aware that opponents of major projects use litigation to challenge environmental impact statements after they are issued. In recent years, Congress has enacted modest reforms regarding the time frame and page count of environmental impact statements, but it has yet to consider any reforms that would limit the delays and costs imposed by environmental litigation. However, this critical policy picture has begun to change. Over the last few years, the Overton Window has opened for this subject, meaning that reform of environmental litigation has

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