Today, U.S. Senators Joe Manchin (I-W. Va.) and John Barrasso (R-Wyo.), Chairman and Ranking Member of the Senate Energy and Natural Resources Committee, released the Energy Permitting Reform Act of 2024, to accelerate the permitting process for energy and mining projects of all types in the United States, in particular by limiting the National Environmental Policy Act.
Manchin:
“The United States of America is blessed with abundant natural resources that have powered our nation to greatness and allow us to help our friends and allies around the world. Unfortunately, today our outdated permitting system is stifling our economic growth, geopolitical strength, and ability to reduce emissions. After over a year of holding hearings in the Senate Energy and Natural Resources Committee, thoughtfully considering input from our colleagues on both sides of the aisle, and engaging in good faith negotiations, Ranking Member Barrasso and I have put together a commonsense, bipartisan piece of legislation that will speed up permitting and provide more certainty for all types of energy and mineral projects without bypassing important protections for our environment and impacted communities. The Energy Permitting Reform Act will advance American energy once again to bring down prices, create domestic jobs, and allow us to continue in our role as a global energy leader. The time to act on it is now.”
Barrasso:
“For far too long, Washington’s disastrous permitting system has shackled American energy production and punished families in Wyoming and across our country. Congress must step in and fix this process. Our bipartisan bill secures future access to oil and gas resources on federal lands and waters. We fix the disastrous Rosemont decision so that we can produce more American minerals instead of relying on China. We permanently end President Biden’s reckless ban on natural gas exports. And we ensure we can strengthen our electric grid while protecting customers. This legislation is an urgent and important first step towards improving our nation’s broken permitting process.”
The official summary:
This bill generally reduces restrictions on the federal permitting process for mineral and energy projects.
The bill revises the judicial review process for these projects, including by setting a 150-day deadline for filing civil actions seeking judicial review of a federal agency decision to grant or deny authorization of energy or mineral projects.
The bill establishes deadlines for acting on applications for various energy and mineral projects. For example, the bill sets deadlines for the review of (1) federal coal lease applications, and (2) right-of-way applications with respect to renewable energy projects on public land.
From 2025 to 2029, the Department of the Interior must hold at least one offshore wind lease sale and at least one offshore oil and gas lease sale per year.
The bill also revises electric transmission requirements, including by (1) expanding the Federal Energy Regulatory Commission’s (FERC’s) authority to include issuing a permit for the construction or modification of certain types of interstate electricity infrastructure without a specified Department of Energy (DOE) designation, and (2) requiring the assessment of the reliability impacts of certain proposed federal regulations.
The bill also sets a deadline for DOE to approve or deny certain liquefied natural gas export applications. If DOE does not meet the deadline, applications will be deemed approved.
The bill authorizes FERC to extend the deadline for beginning construction for certain hydropower projects that were licensed by FERC.
The Climate Justice Alliance quickly announced their opposition to the legislation.
Elizabeth Yeampierre, Executive Director at UPROSE and CJA Board Co-Chair responds:
“Rather than another handout to dirty industry, we should be advancing forward thinking legislation that jumpstarts a Just Transition through locally led, proven climate solutions such as community owned wind and solar. We need legislation like the Environmental Justice for All Act that ensures safeguards and strong protections for communities, and takes into account the cumulative impacts our neighborhoods have faced for decades.”
Juan Jhong Chung, executive director of the Michigan Environmental Justice Coalition:
“Again and again, Sen. Manchin has steadfastly demonstrated his commitment to corporate giants rather than community constituents. Our position is very clear—-and grounded in the stakes of this moment in the climate crisis and in the Just Transition we desperately need to address it. We call on our policymakers to reflect this urgency, and at the least, not aim to derail climate justice work for corporate interests and financial profit.”