Golden’s bipartisan permitting reform bill passes House Natural Resources Committee
WASHINGTON — Congressman Jared Golden (ME-02) today celebrated the House Natural Resources Committee’s passage of his bipartisan Standardizing Permitting and Expediting Economic Development (SPEED) Act, which he first introduced with Republican Chairman Bruce Westerman (AR-04) in July.
The bill, which would modernize the National Environmental Policy Act (NEPA) to accelerate federal approval of energy development and other construction projects, was approved with bipartisan support by a vote of 25-18.
“America’s broken permitting system is delaying investments in the basics we need — energy, transportation and housing. These delays keep costs high and hold back America’s economy,” Golden said. “Both parties have agreed on this problem for years, and today’s support from the Committee gives me hope that Congress is finally ready to take the win. I’m grateful to Chairman Westerman for his commitment to earning bipartisan support for our bill, and I’m ready to get this passed on the House floor.”
In an effort to create certainty for all forms of energy production, Golden also submitted an amendment that would block the executive branch from revoking energy permits after approval. Both Presidents Trump and Biden have embraced this tactic to block projects they disapprove of — even if the projects are in the final stages of completion. His amendment passed the Committee unanimously.
Before the vote, the City of Bangor submitted a letter of support to the Committee, describing how many of the bill’s provisions would benefit airport operations around the country, including at Bangor International Airport (BGR):
“These reforms would directly support airports such as BGR by enabling timely progress on projects ranging from traditional safety-and capacity-driven infrastructure to energy-resilience initiatives such as our planned on-airport solar farm,” wrote Airport Director Jose Saavedra, C.M. “Streamlining NEPA requirements, while preserving necessary environmental protections, will help ensure that airports can advance essential improvements that support safe operations, economic competitiveness, and the aviation needs of the communities we serve.”
Golden has previously spoken at length about the need to fix America’s broken permitting system, including during the bill’s initial hearing in September.
Full text of the legislation can be found here, and an analysis of the bill — as well as a recent history of permitting reform — from the Bipartisan Policy Center can be found here.
BACKGROUND:
The National Environmental Policy Act (NEPA) is a procedural statute that established parameters for assessing the environmental impacts of all major federal actions and created the Council on Environmental Quality. The procedural requirements in NEPA apply to all major federal actions, including but not limited to the construction and maintenance of roads, bridges, highways, ports, irrigation systems, forest management, transmission lines, energy projects, broadband and water infrastructure.
While well-intentioned, NEPA has evolved into a cumbersome and lengthy process that has increased costs and permitting timelines. Additionally, NEPA has become a tool used by special interest groups to block critical infrastructure across the country, as it is currently the most litigated environmental statute.
This litigation is most often initiated not by communities or individuals, but by national NGOs. According to the Breakthrough Institute, NGOs filed more than 70 percent of all lawsuits filed under NEPA in recent years.
According to the report, litigants lose their challenges 80 percent of the time. But what they lost in court, they made up for in delays; Litigation under NEPA added an average of four years to a project’s timeline. These kinds of delays can kill a project even when the litigation against it fails.
The SPEED Act will modernize NEPA to help streamline the permitting process and return the law to its intended purpose. The bill will shorten permitting timelines and reduce the frequency of frivolous litigation. This legislation will simplify the analysis required in NEPA documents, thereby easing the burden on agencies. The bill will also clarify when NEPA is triggered by clarifying the definition of “Major Federal Action.” Lastly, the bill will establish judicial review limitations for NEPA claims, including a 150-day deadline for filing claims, a new standard of review and the elimination of procedural moves that stop projects from moving forward.
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