Click here to watch Ranking Member Capito’s questions.

WASHINGTON, D.C. – Today, at a Senate Environment and Public Works (EPW) Committee hearing, officials from the U.S. Army Corps of Engineers and the Army for Civil Works confirmed to Ranking Member Shelley Moore Capito (R-W.Va.) that the Biden administration’s climate regulations, including the “social cost of carbon” and “greenhouse gas emissions” requirements from the White House are delaying key infrastructure projects across the country.

KEY EXCHANGE (begins at 4:42 mark):

RANKING MEMBER CAPITO:

“The Fiscal Responsibility Act contain various amendments to NEPA intended to improve the environmental process for all types of projects, including water resource projects. In prior WRDA’s [biennial Water Resources Development Act] Congress's provided the Corps with specific authorities to improve this process. Can you describe what actions the Corps has taken to ensure that the agency is compliant with these new statutory requirements? And have you identified any additions?"

LIEUTENANT GENERAL SCOTT SPELLMON, COMMANDING GENERAL OF THE U.S. ARMY CORPS OF ENGINEERS:

“Yes, ma'am. So, we certainly have taken advantage of the $160 million in BIL [Infrastructure Investment and Jobs Act] funding for our regulatory teams to help us with much of this environmental work. No one wants to get through NEPA within two years more than the Army Corps of Engineers. Unfortunately, this is very litigious on a number of projects. We're not given the easy ones and we're asked for a lot of decimal points in our analysis. Social cost of carbon, greenhouse gas emissions, multiple options in each one of these and that level of effort simply takes time.”

RANKING MEMBER CAPITO:

“Is the social cost of carbon a statutory part of NEPA?”

LIEUTENANT GENERAL SCOTT SPELLMON, COMMANDING GENERAL OF THE U.S. ARMY CORPS OF ENGINEERS:

“Ma’am, we can pick up a pipeline in a typical analysis will be ‘Okay, what's the social cost of carbon and greenhouse gas emissions for moving that product through a pipe’ and then we will be asked to do the same to compare that for the trucks that would haul those fossil fuels to market.”

RANKING MEMBER CAPITO:

“I guess what I'm asking is that a statutory part or is that just what the administration is telling you to do?”

MICHAEL CONNOR, ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS:

“It's part of the NEPA Regulations now to do that.”

RANKING MEMBER CAPITO:

“That CEQ came back with right? Which is to elongate the projects, makes them more expensive, and in some ways, they're not getting done.”

WHAT ARE THE WHITE HOUSE’S NUMBERS THAT ARE CAUSING DELAYS?:

RANKING MEMBER CAPITO:

“General Spellmon, you mentioned the challenges posed by the social cost of carbon to project development. Has the Interagency Working Group consulted you in the development of those figures? Have you had any input with their conversations with them about this?”

LIEUTENANT GENERAL SCOTT SPELLMON, COMMANDING GENERAL OF THE U.S. ARMY CORPS OF ENGINEERS:

“I could follow up specifically, what level we're in the field, where we're doing many of these, these pipelines, EISs to what level we're engaging with that group. I have not had any personal interaction.”

RANKING MEMBER CAPITO:

“We've been trying to find out how these costs are calculated what the cost is. So while you're looking at that, could you find out what figures you're using? Are they the same ones that the EPA is using in these regulations? And have you committed to the Interagency Working Group that the social cost of carbon is hindering your ability to meet your statutory guidelines under the NEPA process that we put into effect?

LIEUTENANT GENERAL SCOTT SPELLMON, COMMANDING GENERAL OF THE U.S. ARMY CORPS OF ENGINEERS:

“I think I understand the question, ma’am. All of our calculations are in the draft EISs and all of the regulatory products that we produce when we go through the NEPA process. It's all there for the public to see.”

RANKING MEMBER CAPITO:

“So you have a cost assigned there? Do you know what dollar figures are using the social cost of carbon? There is a dollar figure associated with this, right?

MICHAEL CONNOR, ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS:

“There is a dollar figure.”

RANKING MEMBER CAPITO:

“What is it? Do you know?"

MICHAEL CONNOR, ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS:

“I don't have that. We're happy to respond about our interactions with the Interagency Working Group as well.”

Click HERE to watch Ranking Member Capito’s questions.

Click HERE to watch Ranking Member Capito’s opening statement.
 

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