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Senate EPW opens bipartisan hearing on modernizing environmental review and permitting
Summary
Senate Environment and Public Works Chair Capito and Ranking Member Sheldon Whitehouse convened witnesses from industry, labor and advocacy groups to discuss reforms to NEPA and federal permitting, keeping the hearing record open until March 21 for stakeholder submissions.
Senator Shelley Moore Capito, chair of the Senate Environment and Public Works Committee, opened a hearing on federal environmental review and permitting, saying Congress has an opportunity this term to "deliver meaningful bipartisan legislation" to reduce duplicative review and regulatory uncertainty while protecting public health and the environment. The committee kept the record open until March 21 to allow stakeholders to submit written views and data.
Why it matters: Permitting and environmental reviews are central to siting energy, infrastructure and housing projects. Witnesses told the committee that long, unpredictable reviews, shifting agency guidance and litigation have delayed or raised costs for projects from transmission lines to housing developments. Committee members said reform must balance speed, transparency and environmental protections.
Witnesses summarized industry, labor and nonprofit perspectives. Jeremy Harrell, chief executive officer of ClearPath, said the regulatory system is a major barrier to meeting energy and economic goals and urged reforms that increase transparency, use modern technology and narrow the scope and timing of judicial review. Leah Palconis, general counsel for the Associated General Contractors of America, recommended uniform judicial review periods, better alignment between NEPA implementation and congressional intent, and protection of general permits under the Clean Water Act. Carl Harris, chairman of the board of the National Association of Home Builders, described delays in jurisdictional determinations and mitigation credit shortages that can add ‘‘$10,000 to the cost of a new home’’ in some cases. Brent Booker, general president of the Laborers’ International Union of North America, highlighted job losses when projects stall, and Nicole Pavia, program director at the Clean Air Task Force, said process, coordination and staffing — not NEPA itself — are frequently cited as the leading causes of transmission delays.
Committee members pressed witnesses on several recurring themes: how to set and enforce timelines, the roles of states versus federal agencies, whether to consolidate siting authority for interstate transmission, and how to limit litigation that can halt projects after approvals. Ranking Member Sheldon Whitehouse told the panel Democrats would not accept legislation until, in his words, the administration ‘‘honors its oath to faithfully and impartially execute the laws.’'
Capito closed by asking senators to submit written questions by March 5 and witnesses to return responses by March 19; the committee said materials for the public hearing record may be emailed to permittingepw@senate.gov.
The hearing brought bipartisan attention to detailed reforms — from staffing and data transparency to statutory clarifications — but produced no formal votes or legislative text during the session.
