Permitting Reform Bill Flips Leverage to Progressives – The American Prospect
It took a couple weeks for The Narrative about the Biden era to change from a failed presidency to a consequential restorer of policy ambition. Despite containing about one-ninth of the domestic spending initially envisioned in the Build Back Better bill, the Inflation Reduction Acts $369 billion investment in energy production, climate mitigation and advanced manufacturing, along with the extension of the American Rescue Plans affordability measures for 12 million Affordable Care Act exchange customers and the beginnings of potentially significant prescription drug price reforms for seniors, was enough to rewrite the script.
But theres one more bill left on the table, the result of a side deal between Sen. Joe Manchin (D-WV) and the Democratic leadership. Blandly known as permitting reform, this initiative (which could not go into the IRA because it isnt budgetary in nature and therefore is ineligible for reconciliation) would, according to its supporters, accelerate timelines for energy projects nationwide by effectively shortening the time allotted for reviews. It is scheduled get a vote in the House and Senate by the end of September.
Its an interesting inversion of a dynamic that we saw last year. When Build Back Better was split between infrastructure and social spending, progressives helped pass the infrastructure bill based on a promise of a vote later on the spending package. What they eventually got took nearly a year and was quite watered down. Now its Manchin advancing the spending bill, based on a promise to get permitting reform.
More from David Dayen
With the IRA done in the Senate and set to wrap this week in the House, progressive members have no reason to hold themselves to Manchins deal, and are free to assess whether permitting reform makes sense on the merits. It does not. If Manchin wants another victory for his favored fossil fuel industries, he should either get the Republicans he just backstabbed on board to do it, or give something more to Democrats in exchange.
Some progressive observers have talked themselves into the idea that permitting reform is necessary to speed up renewable energy projects. Such a mindset reflects a core tenet of supply-side progressivismthe idea that overzealous application of laws designed to restrict building need to be recalibrated.
Its a compelling yet misleading theory. Permitting is really about power, and if the entity wanting to build has enough, they can cut through red tape with little resistance. Less than ten years ago there was no such thing as an American oil export industry. Today the U.S. is the biggest oil and gas producer in the world, the sixth-largest exporter of oil, and the second-largest natural gas exporter. The entire architecture for that transformation had to be devised, permitted, approved, and builtand it was, with rapid speed, including thousands of wells, transportation infrastructure like roadways and pipelines, liquefied natural gas export terminals, and much more.
In fact, the sector wildly overbuilt in that decade, with investors losing so much money during the pandemic crash that they simply refuse to produce today, even with the current high prices. There are a lot of problems with the investor-driven oil and gas model, but permitting is not one of them; the industry literally got too much done.
In other words, if theres money to be made, and particularly if you couch it as a national security imperative, permitting problems have a knack for melting away. Ultimately, that is the likely path for renewables: The IRA creates a massive market for the deployment of solar and wind and other innovations, and environmental reviews are unlikely to derail that swiftly moving train. Moreover, the idea that the National Environmental Policy Act will unfairly hold back the green transition is just massively overstated as a problem beyond random anecdotes. Just one out of every 450 NEPA reviews are challenged in court, and federal agencies win at around the same level as they do in other environmental cases.
In the case of a couple of pipelines, its true, residents directly affected in disastrously toxic ways have been able to get the legal system to agree that their lives arent worth sacrificing to oncoming pipelines. That includes the Mountain Valley Pipeline, a Manchin priority that would deliver 2 billion cubic feet of fracked gas per day from West Virginia to Virginia, equivalent to 25 new coal plants. Appalachian residents bitterly oppose the project, in some cases physically blocking the pipelines path.
The permitting reform bill, which we know little about save for a one-page summary courtesy of The Washington Post, could also be called the complete the Mountain Valley Pipeline bill. In fact thats an entire section of the one-pager, which requires immediate action from federal regulators to approve the project and strips future legal jurisdiction away from the Fourth Circuit Court of Appealswhich has consistently blocked the pipeline because of impacts on endangered wildlife, pristine forest, and human healthand shifts it to the D.C. Circuit, which often sides with federal agencies in these matters.
Even this doesnt assure Mountain Valleys completion, as it wouldnt exempt the project from environmental laws. But the venue-shopping for a friendly circuit court should take care of those challenges. And Manchins special pleading for Mountain Valley reinforces how permitting isnt a problem as long as you have powerful friends.
Elsewhere, the one-pager compresses the time allotted to National Environmental Policy Act (NEPA) reviews to between one and two years, streamlines Clean Water Act reviews and certification, coordinates interagency reviews with a project lead, forces the president to set a list of 25 high-priority infrastructure projects of all types under various criteria (reducing energy costs, expanding energy trade, and potential for decarbonization), and forces agencies to act quickly on court challenges.
The deal gives Democrats who are disinclined to gutthe permitting process some leverage.
All of these things could be done tomorrow with no legislation, and surely would be done (practically every administration talks about faster project approvals) if the resources were made available. If you want to improve permitting, dont weaken the laws, writes Erik Schlenker-Goodrich, executive director of the Western Environmental Law Center. To move with agility, strengthen agency culture to provide for creative, agile decision-making and provide agency staff resources to act.
Instead, this bill creates a countdown for permitting reviews that probably cannot be achieved. While there is some funding for NEPA implementation in the IRA, crashing down the timelines would raise the monetary need to a level that isnt provided. Depending on the language of the permitting reforms, either the timelines will remain exactly the same because of the lack of state capacity, or the timelines will just cut off reviews before theyre adequately completed, force corner-cutting, and heighten the possibility for errors or oversights. That will be exploited, at least at first, by fossil fuel interests. And once that infrastructure is built, it will be supremely difficult to dislodge in future years, weakening the climate benefits by drawing out the green transition timeline.
This is part of what has oil and gas interests pleased with the IRA and its companion. But green groups, which have been enthusiastic about the IRA, arent on board with permitting reforms. The Sierra Club, which has fought to shut down coal plants for years, has savaged the deal, as did Earthjustice.
Other than the one-pager, there is no bill text for something that must be done in the short period when Congress returns in September. Schumer wants to attach it to a continuing resolution to fund the government, to jam it down the throats of Democrats who may not agree with permitting deregulation, but who dont want to see the government shut down.
Thats clever, but also gives Democrats who are disinclined to gutof the permitting process some leverage. If permitting is to be accelerated, it would have to be fully funded, by definition. That should be insisted upon. Or maybe progressives have something else in mind to serve as the price for their vote. Without some concession, there is no need to break environmental laws and threaten communities.
Republicans would presumably be interested in deregulation and could supply enough votes to power this through (it would need 60 votes in the Senate anyway, so Republicans will be critical to the outcome). But as they spent a week holding a temper tantrum over Manchins alleged betrayal on the IRA, they may not be in a forgiving mood. Anyway, we know what they want: Last week, Senate Republicans got Manchin to agree to overturn a rule forcing consideration of climate change in NEPA rulemaking. That rule change wont pass the House on its own, but to get Republican votes for permitting reform, something similar is likely to be the ask.
Progressives generally got rolled in the Build Back Better process, and they were always going to get rolled, because of the need for that final 50th vote from Manchin (and Kyrsten Sinema). The permitting bills dynamic is different. It may pass anyway in a bargain between oil industry-backed Democrats and Republicans. But as they werent party to the deal, theres no reason for progressives to participate in that process. And theres good reason for them to hold out for better terms. The Democratic leadership made the deal, so they can find the votes for it.
Read the original here:
Permitting Reform Bill Flips Leverage to Progressives - The American Prospect
- Inside David Hoggs $8M Bid to Elect Young Progressives - The Trace - September 6th, 2024 [September 6th, 2024]
- Paddy-bashing and the blind spot of progressives - The Spectator - September 6th, 2024 [September 6th, 2024]
- Progressives have no doubt Silias government will shatter against next years budget - bnn-news.com - September 6th, 2024 [September 6th, 2024]
- Carson Jerema: Progressives want to control our lives, and Canadians have had it - National Post - September 2nd, 2024 [September 2nd, 2024]
- How Rabbi Michael Lerner merged spirituality and social justice and influenced a generation of progressives - Forward - September 2nd, 2024 [September 2nd, 2024]
- Leo Terrell: Progressives want us to live with criminals in our neighborhoods - Fox News - September 2nd, 2024 [September 2nd, 2024]
- DNC widened the split between liberals and progressives over whether to back Harris - Middle East Eye - September 2nd, 2024 [September 2nd, 2024]
- Democrats and progressives see more Latino young voters mobilizing for Harris - NBC News - August 29th, 2024 [August 29th, 2024]
- In blue P.G. where conservatives dominate the conversation, progressives find their voice. - Monterey County Weekly - August 29th, 2024 [August 29th, 2024]
- Trump's black men myth debunked. How Dems can win back men. How Progressives Succeed in the Election - Daily Kos - August 29th, 2024 [August 29th, 2024]
- They arent going to accept empty promises: progressives back Harris with cautious enthusiasm - The Guardian US - August 27th, 2024 [August 27th, 2024]
- Progressives once felt spurned at the DNC. Now theyre cheering it. - The Washington Post - August 27th, 2024 [August 27th, 2024]
- Harris, under pressure from progressives, addresses Israel's war in Gaza - POLITICO - August 27th, 2024 [August 27th, 2024]
- Biden 'felt compelled' to govern with progressives as part of his coalition because he felt they helped him win in 2020 - Business Insider - August 20th, 2024 [August 20th, 2024]
- Harris isnt pushing Medicare for All anymore. Progressives say thats OK. - POLITICO - August 20th, 2024 [August 20th, 2024]
- DNC Kicks Off as Progressives and Uncommitted Delegates Demand Harris Take Action on Gaza Genocide - Democracy Now! - August 20th, 2024 [August 20th, 2024]
- What progressives want from Kamala Harris at the Democratic National Convention - The Independent - August 20th, 2024 [August 20th, 2024]
- Harris caught in fight between donors, progressives over Big Tech power - The Hill - August 20th, 2024 [August 20th, 2024]
- Harris is caught between billionaire donors, economic progressives, and the question of Lina Khan - Business Insider - August 20th, 2024 [August 20th, 2024]
- Progressives face an existential threat from AIPAC. And theres nothing to stop it. - POLITICO - August 20th, 2024 [August 20th, 2024]
- Progressives Revealing Inconsistency When Elections Dont Go Their Way - American Enterprise Institute - August 20th, 2024 [August 20th, 2024]
- Ilhan Omar wins primary, giving huge win to progressives - The Hill - August 20th, 2024 [August 20th, 2024]
- Kamala Harris appeals to progressives with a promise to take on price gouging amid presidency - Salon - August 11th, 2024 [August 11th, 2024]
- The Urban Family Exodus Is a Warning for Progressives - The Atlantic - August 11th, 2024 [August 11th, 2024]
- The Disingenuous Attack That Progressives Voted Against the Infrastructure Bill - Mother Jones - August 11th, 2024 [August 11th, 2024]
- Progressives demand freeze on new oil export terminals - E&E News by POLITICO - August 11th, 2024 [August 11th, 2024]
- Progressives Are Excited About Tim Walz. Should They Be? - The Atlantic - August 11th, 2024 [August 11th, 2024]
- Opinion | JD Vance Just Blurbed a Book Arguing That Progressives Are Subhuman - The New York Times - August 11th, 2024 [August 11th, 2024]
- Why Harris' Pick of Tim Walz Has Both Progressives and the GOP Happy - U.S. News & World Report - August 11th, 2024 [August 11th, 2024]
- Harris hands progressives a win by selecting Gov. Tim Walz as her VP - Business Insider - August 11th, 2024 [August 11th, 2024]
- Walz Pick Is a Win for Progressives, but What Does It Mean for November? - The Cook Political Report - August 11th, 2024 [August 11th, 2024]
- Who is Tim Walz? Harris VP pick gives progressives what they want. - USA TODAY - August 11th, 2024 [August 11th, 2024]
- Progressives have a win in Walz and a loss in Cori Bush, so what now? - The Independent - August 11th, 2024 [August 11th, 2024]
- Progressives try to send a message of resistance through the RNC security barrier - NPR - July 17th, 2024 [July 17th, 2024]
- To Defend Multiracial Democracy, Progressives Must Embrace Court Reform - American Constitution Society - July 17th, 2024 [July 17th, 2024]
- Why progressives havent joined the dump Biden chorus - Semafor - July 17th, 2024 [July 17th, 2024]
- Biden balances progressives on Israel; Vance doesnt and it shows - analysis - The Jerusalem Post - July 17th, 2024 [July 17th, 2024]
- Progressive reverses $95m May reinsurance recoverable - Reinsurance News - July 17th, 2024 [July 17th, 2024]
- Natelson: What Colorado Rep. Woodrows nasty Trump post tells us about progressives - Complete Colorado - July 17th, 2024 [July 17th, 2024]
- Progressives call for UPM to take on banks - Cayman News Service - July 17th, 2024 [July 17th, 2024]
- Dem Lawmaker Speaks Fierce Logic On Trump That He Wants Progressives To Hear - Yahoo Singapore News - July 17th, 2024 [July 17th, 2024]
- Dems in denial: Progressives gaslit us about Bidens age for years now theyre admitting the terrifying truth - New York Post - July 17th, 2024 [July 17th, 2024]
- "Pie and Politics" event hosted by East Side Progressives on July 13 - WKOW - July 17th, 2024 [July 17th, 2024]
- New York Times columnist turns on progressives - UnHerd - June 20th, 2024 [June 20th, 2024]
- France inspires Greek progressives to join forces - EURACTIV - June 20th, 2024 [June 20th, 2024]
- Fetterman, Torres, Jones Chose to Leave Progressives - New York Magazine - June 20th, 2024 [June 20th, 2024]
- AOC and progressives can't hide their role in stoking antisemitism - JNS.org - JNS.org - June 20th, 2024 [June 20th, 2024]
- Bill Gates' great $1B commitment to nuclear energy should be a wake-up call to climate progressives - New York Post - June 20th, 2024 [June 20th, 2024]
- "Westchester Progressives" New Grassroots Group Forms to Support True Progressive Values in Heated NY-16 ... - Yonkers Times - June 20th, 2024 [June 20th, 2024]
- Left and progressives form New Popular Front to counter far-right in French elections - Peoples Dispatch - June 20th, 2024 [June 20th, 2024]
- Progressives push Biden administration to cut ties with Missouri student loan servicer Missouri Independent - Missouri Independent - May 23rd, 2024 [May 23rd, 2024]
- Problems with Progressivism and Populism - Econlib - May 23rd, 2024 [May 23rd, 2024]
- Border bill boxes in Senate progressives as Schumer forges ahead with doomed vote - Washington Examiner - May 23rd, 2024 [May 23rd, 2024]
- Four progressives vie to replace the longest-serving NM state rep Source New Mexico - Source New Mexico - May 23rd, 2024 [May 23rd, 2024]
- Boulder Progressives to Host Primary Candidate Meet-and-Greet and Audience Q&A - Yellow Scene Magazine - May 23rd, 2024 [May 23rd, 2024]
- Progressives launch campaign to get upstate cities to opt in to 'good cause' law - City & State New York - May 23rd, 2024 [May 23rd, 2024]
- Commentary: Progressives are behind the wrong policies | Opinion - The Bulletin - May 23rd, 2024 [May 23rd, 2024]
- Progressive Prosecutor in Portland Faces Bitter Challenge From Co-Worker - The New York Times - May 23rd, 2024 [May 23rd, 2024]
- Will the Progressive Left Bury the Two-State Solution For Good? - Commentary Magazine - May 23rd, 2024 [May 23rd, 2024]
- Progressives warn young voters, as Biden's polling lags - Spectrum News NY1 - May 23rd, 2024 [May 23rd, 2024]
- 'Vox' Wants Progressives To Support Free Speech For The Wrong Reasons - Reason - May 23rd, 2024 [May 23rd, 2024]
- Nellie Bowles book: Who are the 'New Progressives'? - Deseret News - May 23rd, 2024 [May 23rd, 2024]
- John Fetterman will speak at Florida Democratic Party gala. Progressives want it cancelled. - The Philadelphia Inquirer - May 9th, 2024 [May 9th, 2024]
- Opinion | The progressives won again - Alabama Political Reporter - May 9th, 2024 [May 9th, 2024]
- Kennedy: Biden's In A Bit Of A Pickle With Progressives In His Party Right Now - FOX News Radio - May 9th, 2024 [May 9th, 2024]
- Progressives are wrong on Hamas rape denials - Newsday - March 11th, 2024 [March 11th, 2024]
- Pramila Jayapal State of the Union preview: Joe Biden needs to speak to progressives. - Slate - March 11th, 2024 [March 11th, 2024]
- Progressives Explain What They Want Out Of Biden's Big Speech - Crooked - March 11th, 2024 [March 11th, 2024]
- Declaring the end of progressive San Francisco is a bit premature - 48 hills - 48 Hills - March 11th, 2024 [March 11th, 2024]
- Schiff Beats Out Split Progressives On Glide Path To California Senate Seat - TPM - March 11th, 2024 [March 11th, 2024]
- Progressive Wins and Losses in Texas' Super Tuesday Primary - Progress Texas - March 11th, 2024 [March 11th, 2024]
- Progressives Win Two Texas District Attorney Races - Yahoo! Voices - March 11th, 2024 [March 11th, 2024]
- State of the Union 2024: Progressive 'Squad' turns up heat on Biden with demands ahead of speech - Washington Examiner - March 11th, 2024 [March 11th, 2024]
- Fetterman continues his feud with progressive Democrats and says they 'left' him - Washington Examiner - January 22nd, 2024 [January 22nd, 2024]
- The quandary for progressive Jews - New York Daily News - January 22nd, 2024 [January 22nd, 2024]
- Letter: I favor conservatives over progressives - The Dispatch Argus - January 22nd, 2024 [January 22nd, 2024]
- Progressives in Iceland intensify campaign against Israels genocidal war in Gaza - Peoples Dispatch - January 22nd, 2024 [January 22nd, 2024]
- Can Gov. Hochul stand up to progressives | Commentary | oleantimesherald.com - Olean Times Herald - January 22nd, 2024 [January 22nd, 2024]
- What progressives get wrong about Winston Churchill - The Spectator - January 6th, 2024 [January 6th, 2024]
- Burlington Progressives Pick Two More Candidates for March Ballot - Seven Days - January 6th, 2024 [January 6th, 2024]