U.S. Executive, Legislative Branches Take Steps Toward Permitting Reform

President Donald Trump has issued an executive memorandum that orders federal agencies to use technology to speed up environmental reviews and permitting for energy and infrastructure projects. The new policy could affect transmission, road, factory, and power plant projects. Specifically, the president said federal agencies should move away from a paper-based system for reviews under the National Environmental Policy Act (NEPA).

He also charged the White House Council on Environmental Quality with formulating a “Permitting Technology Action Plan” that will detail how software and technology can be used for approvals. It is due in 45 days; agencies will have 90 days to implement the action after its release.

The president also directed federal agencies to set up a “Permitting Innovation Center” within 15 days that will help design and test technological solutions to permitting delays. This center will facilitate agency adoption of prototype software systems, including for case management systems, application submission and tracking portals, automation of application and review processes, data exchange between agency systems, and acceleration of complex reviews.

The White House said the memo was necessary because “the government does not properly leverage technology to effectively and efficiently evaluate environmental permits, causing significant delay to important infrastructure projects that impact our economic well-being.”

In related news: Sen. Bill Cassidy (R-La.), a member of the U.S. Senate Energy and Natural Resources Committee, and Sens. Jim Risch (R-Idaho) and Mike Crapo (R-Idaho) have introduced judicial reform legislation that seeks to establish strict rules and limitations regarding legal challenges to federal permits issued for virtually any kind of infrastructure development — from energy projects to roads, bridges, and anything requiring a federal permit to build. The bill also would close long-standing loopholes and other provisions of law that allow project opponents to game the legal system to stop projects and it would establish strict time limits for challenges, a mandatory non-judicial mediation system to resolve them, and limits on who can sue and where they can bring lawsuits. Read more about the bill at this link.