Committee hears repeated calls for permitting reform and limits on litigation delays
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Summary
Industry, labor and legal witnesses urged Congress to streamline federal permitting and limit use of statutes and litigation to delay energy projects. Speakers singled out NEPA and the Clean Water Act as frequently invoked in challenges.
Permitting timelines and litigation risk were recurring themes. Witnesses argued that long reviews, uncertain judicial outcomes and broad legal challenges make project financing and construction unpredictable.
Amanda Eversole of API urged action: “We must reform our permitting system right now,” and said opponents use statutes and courts to “weaponize” reviews. Tyler O'Connor testified that agencies often lack the staff and resources to process permits in a timely way and suggested Congress consider clarifying federal siting authority for interregional transmission and maintain staffing at permitting agencies such as FERC. Gary Arnold and union witnesses described how delays translate into idle crews and lost job opportunities: “When there's delays, when there's uncertainty ... that can lead to layoffs,” he said.
Members and witnesses described several commonly raised targets for reform: (1) reducing duplicative reviews across federal and state processes; (2) addressing how NEPA and the Clean Water Act can be used in litigation to halt projects; and (3) improving agency staffing and predictable timelines. Witnesses urged both statutory fixes and administrative steps; members said they'll pursue legislative options and oversight.