Manchin removes federal permitting reform from continuing resolution

Sep. 28—Sen. Joe Manchin, D-W.Va., late Tuesday afternoon removed the federal permitting reform language from the continuing resolution (CR) to keep the federal government fully funded.

Manchin had included the reform as part of the CR in a compromise deal he made with Senate Democratic leadership for his support of the Inflation Reduction Act.

The CR is needed since the federal fiscal year ends Sept. 30 and more money was needed to avoid a partial shutdown.

But in the end, he said politics killed the chance to include the badly needed permitting reform so energy projects can be put on a faster track, especially the Mountain Valley Pipeline.

"It is unfortunate that members of the United States Senate are allowing politics to put the energy security of our nation at risk," he said when he asked for the language to be removed from the CR. "The last several months, we have seen firsthand the destruction that is possible as Vladimir Putin continues to weaponize energy. A failed vote on something as critical as comprehensive permitting reform only serves to embolden leaders like Putin who wish to see America fail. For that reason and my firmly held belief that we should never come to the brink of a government shutdown over politics, I have asked Majority Leader Schumer to remove the permitting language from the Continuing Resolution we will vote on this evening."

Manchin said there has been a "broad consensus on the urgent need to address our nation's flawed permitting system."

"I stand ready to work with my colleagues to move forward on this critical legislation to meet the challenges of delivering affordable reliable energy Americans desperately need. We should never depend on other countries to supply the energy we need when we can produce it here at home. Accelerating the construction of energy infrastructure is critical to delivering that energy to the American people and our allies around the world. Inaction is not a strategy for energy independence and security."

During an interview on CNN Tuesday morning, Manchin said he did not know why Senate Minority Leader Mitch McConnell, R-Ky, is "trying to torpedo this" after McConnell voiced his opposition, a signal not enough Republicans would support the permitting reform in the CR to get the needed 60 votes.

It is a "missed opportunity" if it fails, he said, adding that McConnell's opposition puts him on the same page with Sen. Bernie Sanders, D-Vermont, making for "strange bedfellows."

Sanders and other liberal legislators, especially in the House, oppose the permitting reform.

Manchin did have the support of Sen. Shelley Moore Capito, R-W.Va., because of wording in the permitting reform that would have streamlined the construction of the Mountain Valley Pipeline, a 300-mile natural gas pipeline running from North Central West Virginia to Chatham, Va.

The pipeline, which is more than 90 percent complete, has been delayed for years because of litigation over federal permits.

Capito, however, led 38 of her GOP colleagues earlier this month in introducing the Simplify Timelines and Assure Regulatory Transparency (START) Act, also a comprehensive federal regulatory permitting and project review reform legislation.

Both Manchin and Capito say the permitting process takes far too long, unnecessarily delaying needed energy projects.

Manchin recently said that in Canada the permitting process takes three years maximum, but in the U.S. that may be 10 years.

"It impacts all forms of energy," he said, adding that the U.S. has the most excessive permitting process than any country in the world, usually requiring five to 10 years.

A Senate vote to move the CR forward passed Tuesday evening.

Sen. Mark Warner, D-Va., said he was glad to keep the CR moving forward to avoid a partial shutdown, but he also expressed support for some version of federal permitting reform.

"While the permitting reform proposal from Senator Manchin was dropped from this bill, I agree that we still need to take sensible steps to reduce European dependence on Russian energy while maintaining an affordable and resilient supply here at home," he said. "I look forward to working with my colleagues to enact reforms to our existing permitting process that protect our national and economic security, but also respect concerns voiced by those communities most impacted by these projects."

— Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com