Manchin again pushes for federal permitting reform

May 3—Sen. Joe Manchin, D-W.Va., is once again trying to get legislation through Congress that would streamline the federal permitting process, which is a key component to finishing energy projects like the Mountain Valley Pipeline.

Manchin, Chairman of the Senate Energy and Natural Resources Committee, introduced the Building American Energy Security Act of 2023 on Tuesday.

The legislation is the same as an amendment he included in the National Defense Authorization Act in December 2022. However, that amendment ended in a tie vote with 40 Democratic and seven Republican Senators supporting it.

Manchin said the legislation will serve as a "starting point for upcoming conversations in the Senate around reforming energy permitting to ensure American energy security and independence."

"In the United States, it often takes between five and 10 years — sometimes longer — to get critical energy infrastructure projects approved, putting us years behind allies like Canada, Australia, and more recently the EU, who each have policies designed to complete permitting in three years or less," Manchin said in announcing the act. "It is clear that without comprehensive permitting reform we will never ensure lasting American energy security and independence and will delay progress on environmental goals."

Manchin said he was introducing the Building American Energy Security Act to restart the conversation in the Senate about "accelerating our permitting process as the Senate Energy and Natural Resources Committee continues to discuss, consider, and act on advancing this critical topic."

"There is overwhelming bipartisan recognition that our current permitting processes aren't working, and equally bipartisan support for addressing it through comprehensive permitting reform legislation." he said. "I am confident that we will find a path forward, and the Building American Energy Security Act, which has already enjoyed bipartisan support, will serve to kick off that process."

Both Manchin and Sen. Shelley Moore Capito, R-W.Va., have tried to push through federal permitting reforms, and all their efforts have included a provision to address the Mountain Valley Pipeline (MVP) in particular.

In fact, part of the act Manchin introduced Tuesday includes a goal of "Completing the Mountain Valley Pipeline. Only 20 miles of this 303-mile pipeline remain to be built, which can put 2 bcf/day into the market within 6 months while creating 2,500 construction-related jobs, leading to lower energy prices for Americans, and helping us to support our overseas allies."

The MVP was initially slated to be finished by late 2018. Although it is about 94 percent complete, protests and litigation have delayed completion and the projected cost has risen from $3.2 billion to $6.5 billion.

Another provision in the act would set maximum timelines for permitting reviews at two years for NEPA (National Environmental Policy Act) reviews for major projects and one year for lower impact projects, well below the five to 10 years the process can now take.

Excessive litigation delays would also be addressed, a problem that continues to hold up completion of the MVP.

Under Manchin's plan, a 150-day statute of limitations for court challenges would be set and energy projects would be expedited in the court system. Also, it would require a random assignment of judges for all federal circuit courts.

Decisions in the U.S. Court of Appeals Fourth Circuit in Richmond have delayed the MVP and both Manchin and Capito have said they wanted the cases to be moved to the Fifth District in D.C.

Other changes to accelerate energy permitting include designating and prioritizing projects of strategic national importance; clarifying the Federal Energy Regulatory Commission's (FERC) jurisdiction regarding the regulation of interstate hydrogen pipeline, storage, import, and export facilities, clearing up confusion about which agency has that role; and enhancing federal government permitting authority for interstate electric transmission facilities that have been determined by FERC to be in the national interest.

— Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com