Hearing showcases lingering divisions on permitting

Lawmakers in both parties have been talking up the prospect of a bipartisan permitting reform deal this Congress, but if Tuesday’s House Natural Resources hearing offered any clues, they have a long way to go.

The four-hour hearing on the "permitting purgatory" featured familiar talking points from Republicans about how National Environmental Policy Act reviews have become "limitless and excruciating exercises."

“If we want to ensure a future where America remains a beacon of Liberty and freedom, we must reform our permitting processes to bolster energy and national security and enhance American economic competitiveness,” said Chair Bruce Westerman (R-Ark.).

Democrats, in turn, countered that NEPA offers the “cornerstone of democracy and good governance.” And they noted some permitting changes were already included in the 2023 debt ceiling negotiations.

“What is the end goal here?” asked Rep. Melanie Stansbury (D-N.M.), adding she was once a permitting staffer in the Obama White House. “Is the end goal to repeal NEPA or is it to solve problems in the permitting process?”

The purpose of the oversight hearing was to lay the groundwork for a broader discussion on permitting reform, which eventually would need buy-in from at least a handful of Democratic senators, who are already engaged.

The complicated topic has taken center stage in recent years. While lawmakers have expressed hope for bipartisan work, the Resources hearing demonstrates partisan strife is alive and well.

Fueling the fire lately has been the Trump administration's favoring of fossil fuels over renewable energy. Democrats on Tuesday assailed Interior Secretary Doug Burgum’s recent action requiring renewable energy projects to be personally approved by him or his deputy.

"There is a big governmental thumb on the scale for oil and gas and an absolute war on clean energy, and everyone knows it,” said Rep. Jared Huffman (D-Calif.), the top Democrat on the committee.

"I will be doing this at every hearing we have for the rest of this Congress. We are on a reckless course. We have to stop this disastrous path you have put us on."

Later, Huffman singled out Republican witness Alex Herrgott — founder of the Permitting Institute and former Trump administration official — for “awkwardly” defending the Burgum order, "making a mockery of this notion that we need to streamline the regulatory permitting process."

Herrgott said Burgum’s order simply elevated the decision-making. “Elevation within these decisions was going to have to happen anyway,” he said. “It called out a spade what a spade was.”

Huffman asked the witness whether he would support a similar measure for oil and gas projects.

"Absolutely,” Herrgott replied.

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