Congress Fails To Take Up Permitting Reform

As Connecting the Dots reported last week, U.S. lawmakers could have included important reforms to the federal permitting process for energy infrastructure projects in an end-of-the-year bill. Ultimately, that plan was abandoned, however, when legislation authored by Sen. Joe Manchin (D-W.Va.) was excluded from a major defense spending bill.

But, as The Hill reported, there is still hope.

Last Wednesday, Sen. Manchin announced he would try to pursue the reforms as an amendment and would include some changes from his prior proposal that would help him attract support from Republicans. While progressive Democrats had opposed the reforms, GOP lawmakers had expressed opposition to them, specifically citing a policy aimed at giving federal regulators the authority to direct the construction of electric transmission lines.

Sen. Manchin’s new amendment scales that provision back by allowing states one year to block a proposed transmission project. Republicans also had said the previous package’s time limits for environmental reviews were not solid enough. The newest version written by Sen. Manchin replaces language that called for agencies to consider major projects for an average of two years with a strict two-year deadline.

Sen. Manchin’s new approach also would give companies the right to seek a court order requiring agencies that have missed deadlines to make a decision, and requiring the courts to expedite such requests.

Even if the 117th Congress, which is over at the end of 2022, does not consider Sen. Manchin’s reforms, there is appetite among Republicans to take up permitting reform next year when their party takes over the U.S. House of Representatives. Indeed, Senate Energy and Natural Resources Ranking Member John Barrasso (R-Wyo.) said Republicans will aim for “true permitting reform that allows for the development of all forms of energy” in the new year.