Sen. Joe Manchin (D-WV) released his highly anticipated and politically challenged permitting reform bill Wednesday, which is meant to reduce the lengthy environmental review and permitting process for energy and other infrastructure projects but faces challenges from lawmakers in both parties.
The permitting proposal, which was born of a deal between Manchin and Majority Leader Chuck Schumer (D-NY) in exchange for the West Virginia senator supporting the Inflation Reduction Act, was designed to enable builders of everything from roads to renewable energy projects, natural gas pipelines, and electrical transmission lines to secure necessary federal permits more quickly. Schumer intends to tie the bill up with a “must-pass” continuing resolution to fund the government later this month, but Democrats and Republicans have criticized the effort and signaled they won’t support it
ONE WAY TO GET AROUND TIME-CONSUMING PERMITTING LAWS
Manchin’s bill, which follows up a one-page outline of provisions agreed to between him and leadership and circulated in early August, would direct the president to create a list of “strategically important” energy and mineral projects whose reviews would be prioritized. The list would have to include critical minerals, fossil fuel, biofuel, non-fossil fuel, electric transmission, and other projects.
It would expand the government’s permitting authority for electric transmission lines, which are needed to accommodate the blossoming renewable energy resources being added to the grid around the country.
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The bill would also establish two-year time frames for major project schedules requiring an environmental impact statement under the National Environmental Policy Act, something Congress already implemented for major transportation projects in the bipartisan infrastructure law. For projects requiring a less rigorous environmental assessment, a one-year time frame would be established.
Manchin’s bill also would direct federal agencies “to take all necessary actions to permit the timely completion of the construction and operation of the Mountain Valley Pipeline” and to issue all necessary authorizations within 30 days. The Mountain Valley Pipeline is a natural gas pipeline originating in Manchin’s native West Virginia that is nearly complete but has been held up by multiple streams of litigation.
The bill gives lawmakers a clearer picture of what they’ll be asked to support in service of the Manchin-Schumer deal.
Manchin’s effort has faced pushback from liberal Democrats and environmental groups who oppose any measures that would support development of more fossil fuel infrastructure. Liberal House Democrats asked leadership to ensure that any measure to fund the government was separate from permitting legislation so members wouldn’t have to choose between an unsavory permitting bill and funding the government.
Republicans, who broadly support permitting reform, said they supported specific items in the Manchin proposal but have broadly withheld support from it.
Senate Republicans instead introduced a counterproposal of their own, led by Sen. Shelley Moore Capito (R-WV), which also provides for completion of the Mountain Valley Pipeline.
The GOP differs in some key ways, however. It would codify several changes to National Environmental Policy Act and Clean Water Act regulations as they were promulgated during the Trump years. For example, it would codify the Trump Environmental Protection Agency’s definition of “waters of the United States,” which limited the federal government’s ability to regulate smaller bodies of water and streams.
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The Democratic proposal does not touch the waters of the United States.
Environmental groups criticized Manchin’s bill Wednesday, calling it a handout to fossil fuel interests.
“There is no compromise or window dressing that can fix this dirty disaster of a deal,” said Karen Orenstein, director of climate and energy justice at Friends of the Earth. A vote for the bill “is a vote for environmental racism, classism, and climate catastrophe,” Orenstein said.
Green energy business groups offered their support.
“As renewable energy projects become more prevalent and federal involvement likely increases, we must consider reasonable permitting reforms that preserve the substance of bedrock environmental laws while expediting the review process under them,” said Heather Zichal, CEO of the American Clean Power Association.
