from the Permian Basin Petroleum Association
Bipartisan activity is leading to optimism for some type of permitting reform making it out of Congress and onto President Biden’s desk. While Republican permitting proposals focus on expediting oil, gas, coal, and other fossil fuel projects, Democratic plans seek to hasten approvals for clean energy projects and the build-out of high-voltage transmission lines needed to carry the power they produce. There is agreement between the two parties about the need to reduce the overall time it takes projects to clear environmental reviews and other bureaucratic hurdles. In addition, the White House’s proposal seeks to expedite some mining projects through reform of a 150-year-old mining law. Below is a quick summary of the four congressional proposals put forth so far along with links to bill language and other pertinent documents.
Senator Joe Manchin (D-WV), Chairman of Senate Energy Natural Resources (ENR), said that he believes that only entities benefiting from transmission lines should pay for them and that he thinks his recently released bill, which proposes to provide strengthened backstop authority to the Federal Energy Regulatory Commission (FERC) and lets FERC allocate costs, accomplishes that.
Senator Tom Carper (D-DE), Chairman of Senate Environment and Public Works, has also released his long-awaited permitting bill called the Promoting Efficient and Engaged Review Act (PEER). Chairman Carper’s proposal is narrowly targeted to address key reforms that would advance the development of renewable energy sources.
John Barrasso’s (R-WY), of Senate ENR Committee, bill called the Spur Permitting of Underdeveloped Resources (SPUR) Act, covers key reforms in ENR’s jurisdiction, including provisions to increase domestic energy and mineral development, ensure federal lands remain open to productive uses, and streamline permitting of energy infrastructure. For more on the SPUR Act: bill text of the SPUR Act, click here. A section by section of the SPUR Act, click here. For a one-pager on the SPUR Act, click here.
Shelly Moore Capito’s (R-WV), of Senate Environment and Public Works (EPW) Committee, bill called the Revitalizing the Economy by Simplifying Timelines and Assuring Regulatory Transparency (RESTART) Act, covers key reforms in EPW’s jurisdiction, including provisions to streamline the agency review process with enforceable timelines, implement time limits to prevent endless legal challenges, and modernize current laws while maintaining environmental protections. More on the RESTART Act: