Permitting reform is key to unleashing American energy. Can Trump get it done?
President Trump has wasted no time putting his imprint on American energy policy. Within hours of his swearing in, he signed a dizzying array of relevant executive orders, including one titled “Unleashing American Energy.” While most of the attention has revolved around the president’s focus on producing more domestic oil and gas — “liquid gold,” as he called it in his inaugural address — this order, as well as some of the others, recognizes the foundational issue necessary for realizing America’s full energy potential: permitting reform.
The litany of complaints about the U.S. permitting system could fill volumes — maybe even as much space as the typical environmental impact statement that is often used to stop new projects in their tracks. And the system is an equal opportunity project-eliminator. It stops natural gas pipelines, electricity transmission, renewable energy projects and critical minerals mines. S&P Global recently reported an eyepopping statistic: It takes an average of 29 years for new mines in the U.S. to go from discovery to production, longer than in any other country except Zambia. For transmission lines, the review timeline can take a decade or more.
Trump’s executive orders are a good start. They direct the chair of the Council on Environmental Quality to provide new guidance on implementing the National Environmental Policy Act (NEPA); instruct agency heads to prioritize efficiency and certainty in their permitting decisions; and charge White House advisors with preparing comprehensive permitting recommendations for Congress.
That last point is key. There is only so much that the administration can do unilaterally. To make a durable difference, Congress must get involved. And despite the often-polarizing atmosphere on Capitol Hill, there is demonstrated bipartisan interest in addressing this issue.
Last July, Sen. Joe Manchin (I-W.V.), chair of the Senate Committee on Energy and Natural Resources, collaborated with Sen. John Barrasso (R-Wyo.), the committee’s ranking member, to develop the Energy Permitting Act of 2024. The bill would have made major improvements in the dysfunctional system. Their Democratic and Republican committee colleagues agreed, overwhelmingly passing it. Discussions involving House Natural Resources Chairman Bruce Westerman (R-Ark.) and others about improving the bill by adding more NEPA reforms and addressing litigation delays continued until the end of the session, but ultimately nothing was included in the continuing resolution.
Congress will soon have another chance to act. As members consider various proposals, they should note that meaningful and comprehensive permitting reform bolsters our economic and national security interests. Not only is reform key to traditional energy development, but it is also essential for building a clean and modern energy infrastructure.
Americans need reliable and affordable electricity, economic development and to supply our allies with much-needed resources. And despite the tendency to look at everything as a win or a giveaway, the situation isn’t black and white.
Take the connection between renewables and mining. While solar panels, wind turbines, storage and electric vehicles may not require fossil fuels to operate, they do require minerals. S&P projected last year that the U.S. energy transition demand for lithium, nickel and cobalt would grow by 23 times by 2035, and that demand for copper would double. Wouldn’t we rather source those minerals from Minnesota and Nevada than from China and the Congo — particularly given American environmental protections?
The critical mineral supply chain that supports our energy transition goals is just one example of many. But it shows how policymakers can forge an inclusive runway for infrastructure projects of all kinds that accommodate every technology, thereby ensuring sustainable growth and energy dominance for future generations.
We need to make common-sense changes to the relevant laws. We can continue to uphold a reasonable level of environmental scrutiny and still include reasonable, predictable and enforceable timeframes so that key investments will not be left stranded by targeted litigation.
Permitting reform has been on the agenda for years. Now is the time to make it happen. It’s the best way to unleash America’s full energy potential, benefiting all Americans for decades to come.
Jeffrey Kupfer, a former acting deputy secretary of energy in the George W. Bush administration, is the president of ConservAmerica and an adjunct professor of policy at Carnegie Mellon University’s Heinz College.
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