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Permitting Reform

Permitting ReformThe US is unusual for how long and costly the permitting process is for projects subject to environmental review. This might sound like a topic only a policy wonk could love. Still, Republican and Democratic congressional offices rated permitting reform as one of the most promising issues because it affects Americans in important ways they might not recognize. Among other things, permitting reform aims to reduce gas and electric costs, accelerate infrastructure including broadband, and make US industries nimbler as they compete with global adversaries. While permitting in other developed countries with high environmental standards typically takes about 2 years, in the US, it often takes 5 years and can take 10 years or more. One analysis found that a 6-year delay in permitting doubles the cost of a project. Extended court battles are often part of long US delays.   

Bipartisan measures aim to streamline the process without lowering environmental standards. Whether the project is approved or rejected because of its environmental impacts, these proposals are designed to ensure the decision is made more quickly.   

Proposals include:  

  • Limit Excessive Judicial ReviewIncluding reducing from 6 years to 1 or 2 years the timeframe for filing a lawsuit challenging a permitting decision and limiting standing to file a lawsuit to those directly impacted by the project or those who participated in the comment period
  • Limit Scope of Proposals Requiring Full ReviewRequire full environmental reviews only for projects that normally have significant environmental effects
  • Increased Use of Cost-Benefit AnalysisFor example, establish rules preventing requirements to conduct expensive and lengthy reviews of alternatives with little to no environmental benefit
Congressional Rank: 1st
(0.70 Average Congressional Office Rating)