House Progressives Challenge Energy Permitting Reform

By Christian Roselund

On 9 September, 72 members of the U.S. House of Representatives sent a letter to House Democratic Party Leadership calling on them to oppose moves to curtail the environmental review process for energy projects. This letter comes in response to news of a deal between Senate Energy and Natural Resources Committee Chair Joe Manchin and Senate Majority Leader Chuck Schumer to reform the permitting process.

The details of what this reform would look like are not yet available in a final form. The closest that has been published in the press is a one-page memo from Senator Manchin’s office, which sets out seven areas of action. These seven points include designating a list of 25 high-priority energy projects – including fossil, nuclear, renewable, carbon capture and storage, transmission, and others – for prioritized permitting.

The permitting reform deal also includes a 2-year limit on National Environmental Policy Act (NEPA) reviews of major projects, as well as a one-year limit for minor projects. As a final item, it requires relevant agencies to take the necessary actions to complete the contested Mountain Valley Pipeline. Whatever the final form of these changes, they are expected to be inserted into a bill funding the federal government, instead of being proposed as independent legislation.

The letter opposing this move is led by House Natural Resources Chair Raul Grijalva and focuses on the reform of NEPA reviews, stating that “attempts to short-circuit or undermine the law in the name of reform must be opposed.” The letter also warns that permitting reforms would disproportionately affect low-income communities, indigenous communities, and communities
of color.

To overcome the opposition of the 72 members signing on to the letter, Democratic Party leadership would need the support of Republican members of the House. Republicans in Congress often vote along party lines and will usually vote against measures proposed by the Democratic Party. However, Congressional Republicans also receive a higher portion of campaign funding from oil and gas companies than Democrats and could break ranks to support the bill if it is seen as a priority.

A bill with permitting reform for fossil fuel projects could also have trouble in the Senate. On 19 September Senator Ed Markey, a Democrat, also expressed his opposition to this move.

Source: Group NEPA Letter to Pelosi and Hoyer (House Committee on Natural Resources)

Source: Energy Permitting Provisions (U.S. Senator Joe Manchin)

News coverage: To fight, or not to fight? Progressive Caucus warily eyes Manchin’s energy deal (Politico)

News coverage: The Democratic infighting over Joe Manchin’s “side deal,” explained (Vox)