Washington Plans to Expedite Permits for Energy Infrastructure

WASHINGTON — Officials from the Trump administration announced on Tuesday their intention to accelerate the permitting process for pipelines and power lines as a Senate deal awaits a vote.

Last month, Senate negotiators reached a bipartisan agreement aimed at limiting lawsuits against energy projects. However, a vote on the floor is not anticipated until after the midterm elections during the lame-duck session, according to PBS News. On a panel at the Association of the U.S. Army’s annual meeting in Washington, D.C., representatives from the Army, the Environmental Protection Agency (EPA), and the Interior Department detailed the changes in permits their agencies are initiating.

“A lot of it is about transmitting that energy across our country, whether it’s through power lines or pipelines. I believe this presents our greatest opportunity—and, unfortunately, it also happens to be an area fraught with litigation,” stated Inland Deputy Secretary Kate MacGregor during the discussion.

MacGregor added that the frequent legal challenges associated with the permitting system prevent companies from confidently promising shareholders when a project will be completed, emphasizing the need for “aggressive action.”

“It’s crucial that the strength and durability of these decisions extend beyond just one administration,” she remarked, addressing the matter of judicial review related to permits.

Lee Forsgren, the senior official acting as the assistant secretary of the Army for civil works, shared that the Army Corps of Engineers plans to submit a rulemaking proposal to the White House Office of Management and Budget that would “significantly expand” the use of its nationwide permits.

Six officials spoke on a panel titled “Delivering for the Nation: Infrastructure, Economic Security, and Crisis Response,” which was moderated by Stuart Levenbach from the White House Office of Management and Budget.

Forsgren mentioned that the Corps is exploring ways to enhance the feasibility of energy projects, including pipelines and electric transmission lines. He noted that while this can currently be accomplished under nationwide permits, significant restrictions still exist.

“At present, obtaining an individual permit can take at least a year, frequently extending to two,” Forsgren explained. “During that time, nothing gets approved.”

The Corps processes approximately 100,000 activities annually, more than half of which utilize nationwide permits that apply to projects with minor environmental impacts. Forsgren suggested raising the existing half-acre limitation for these permits to potentially cover up to two acres. In January, the Corps reissued 56 nationwide permits and introduced one new permit.

He expressed a desire for Corps permits to be finalized in roughly 45 days, referencing a recent case in which Deputy Agriculture Secretary Stephen Vaden indicated a Louisiana fertilizer plant was permitted in that timeframe.

“The companies involved were told that the permitting process would take years. The Army Corps accomplished it in just 45 days,” Vaden remarked, highlighting how this could significantly benefit farmers and enhance agricultural and national security by reducing reliance on foreign fertilizer sources.

The Blue Point facility in Modeste, Louisiana, a collaboration between CF Industries, JERA, and Mitsui, began construction in August and is projected to produce 1.4 million metric tons of ammonia annually beginning in 2029.

David Fotouhi, the EPA’s Deputy Administrator, indicated that the agency is transferring more permitting responsibilities to states capable of meeting federal standards, as states often manage these programs more swiftly and effectively than the federal government.

“We anticipate finalizing a new, durable definition of the waters of the U.S. in the coming months,” Fotouhi said, referring to the regulations stipulating which streams and wetlands are covered by the Clean Water Act.

The EPA and the Army requested public feedback on additional options in September, with the comment period closing on October 9. Fotouhi noted that this would be the fourth definition established within a decade, while Forsgren expressed hope that it would be the final one.

Fotouhi stated that rescinding the 2009 endangerment finding and greenhouse gas regulations for vehicles could yield projected savings of $1.2 trillion, while the repeal of other Biden-era greenhouse gas restrictions on power plants, finalized by the EPA on September 14, may result in savings of $310 billion.

Currently, the EPA has reduced its workforce by roughly 5,000 employees, leaving around 12,500, while also managing to decrease backlogs, Fotouhi noted.

Lt. Gen. William “Butch” Graham, the chief of engineers, shared that the Corps’ immediate task following Hurricane Isaias was to resurvey Gulf Coast ports with the Coast Guard to ensure that the storm hadn’t obstructed shipping channels with sand and debris.

“The foremost concern from shippers and producers is the reliability of the system,” Graham said.

Preceding the hurricane’s landfall, Isaias threatened nearly 500,000 barrels per day of refining capacity in Alabama and Mississippi, including Chevron’s Pascagoula refinery, which prompted the Coast Guard to tighten port conditions in Mobile, Alabama, according to reports.

MacGregor also commented that implementing the consultation and permit sections of the Endangered Species Act has proven challenging. “We really need to address this, and it’s something we are actively examining,” she said.

The Senate agreement could limit opponents to 150 days to file lawsuits under two federal review laws, as opposed to six years, and may require data centers to cover their necessary grid upgrades. Democrats have tied their support for the deal to the administration’s approval of previously sanctioned wind projects.

Republican Senator Mike Lee from Utah, who heads the Senate Energy and Natural Resources Committee, expressed confidence that the bill will pass during the lame-duck session.