Manchin-Barrasso energy permitting bill born
Posted on July 26, 2024 by admin
The Senate Energy and Natural Resources Committee leadership this week (July 23) unveiled legislation designed to streamline permitting of energy infrastructure projects, including new interstate electric transmission projects. The prospects are unclear in a presidential election year.
The legislation, the “Energy Permitting Reform Act of 2024,” is the product of committee Democratic (now an independent and not running for reelection) Chairman Joe Manchin of West Virginia and ranking committee Republican John Barrasso of Wyoming. Making it easier to site and build energy projects has long been a goal of both men.
Industry, both legacy interests such as coal, oil, and gas, and the new renewable entrants, along with broad support by electricity generators, transmitters, and providers, have praised the legislation. It also quickly encountered opposition from conventional environmental groups, which have long seen permitting as a key to environmental protection in the face of extractive and exploitative industries.
The Hill commented, “It’s not immediately clear whether party leaders have bought into the plan, if it will be brought to the floor or if it will garner enough votes to evade a filibuster.” Nor is there any evidence that the House, which has difficulty passing even essential legislation, could come up with compatible legislation. Axios is reporting that Rep. Bruce Westerman (R-Ark.), chairman of the House Natural Resources Committee, plans to roll out permitting legislation in September.
According to a summary from the Jones Day Washington law firm the basics of the Manchin-Barrasso bill would:
- Accelerate leasing and permitting on federal lands, setting “deadlines and double production targets for renewable energy permitting on federal lands, eliminate duplicative permit requirements for oil and gas production on non-federal surface land, ensure that critical minerals projects can use federal land for mine support activities….”
- Set a “90-day deadline for the Secretary of Energy to grant or deny LNG export applications following the conclusion of environmental reviews. Applications are deemed approved if the Secretary fails to meet the 90-day deadline….”
- Set a “150-day statute of limitations to seek judicial review of an agency action granting or denying an authorization for an energy or mineral project” and a 180-day deadline for “federal agencies to act on remanded authorizations.”
- Require Interior “to hold at least one offshore wind lease sale and one offshore oil and gas lease sale per year from 2025 through 2029.”
- End the Energy Department’s legal authority to designate “national interest transmission corridors,” allowing the Federal Energy Regulatory Commission to make its own determination of the importance of proposed projects. It would also require FERC to issue a rule on interregional transmission planning and cost allocation within 180 days of the bill’s enactment.”
In a written statement, Manchin said that “today our outdated permitting system is stifling our economic growth, geopolitical strength, and ability to reduce emissions. After over a year of holding hearings in the Senate Energy and Natural Resources Committee, thoughtfully considering input from our colleagues on both sides of the aisle, and engaging in good faith negotiations, Ranking Member Barrasso and I have put together a commonsense, bipartisan piece of legislation that will speed up permitting and provide more certainty for all types of energy and mineral projects without bypassing important protections for our environment and impacted communities.”
Tim Latimer, CEO of advanced geothermal pioneer Fervo Energy, said on Twitter, “Exciting to see geothermal make it as a priority in the Energy Permitting Reform Act. The actions are common sense, bipartisan, and a great way to build on recent geothermal momentum while maintaining the highest environmental standards.”
Rob Gramlich, president of Grid Strategies LLC, tweeted, “WOW this permitting bill is great! I think the #transmission parts (I’m focused just on that, others can comment on the rest) could really help grow the economy, meet load growth, increase reliability, and help decarbonize.”
Brett Hartl at the Center for Biological Diversity said “This Frankenstein legislation is nothing less than the biggest giveaway in decades to the fossil fuel industry. The insignificant crumbs thrown at renewable energy do nothing to address the climate crisis, but instead would make it game over for a livable planet.”
The Sierra Club’s Mahyar Sorour said that “those who promote this kind of so-called ‘permitting reform’ claim that it’s necessary to accelerate the deployment of clean energy, but in truth this is nothing more than yet another attempt by fossil fuel industry boosters to give handouts for polluters at the expense of our communities and the climate.”
–Kennedy Maize
