‘Dangerous new precedents’: Legal groups raise alarm about permitting bill

By Kelsey Brugger | 09/17/2024 06:38 AM EDT

They say the Senate bipartisan permitting legislation could have far-reaching implications beyond the environment.

Sens. Joe Manchin (left) and John Barrasso are seen.

Senate Energy and Natural Resources Chair Joe Manchin (I-W.Va.) and ranking member John Barrasso (R-Wyo.) have secured bipartisan support for their permitting and grid package. Francis Chung/POLITICO

A host of legal groups are warning Democratic congressional leaders that a bipartisan permitting package is a Pandora’s box that could unleash negative impacts far beyond environmental matters.

In a letter obtained by POLITICO’s E&E News, the seven organizations urged lawmakers to oppose the legislation from Senate Energy and Natural Resources Chair Joe Manchin (I-W.Va.) and ranking member John Barrasso (R-Wyo.) out of concern it would “enact dangerous new precedents” that could bleed into other matters in the already overburdened federal court system, including voting rights, civil liberties, reproductive freedoms and criminal cases.

The groups point to sections of the permitting overhaul meant to speed up litigation. Specifically, the bill, S. 4753, the “Energy Permitting Reform Act of 2024,” would shrink the existing six-year statute of limitations to just 150 days.

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“Punitively slashing the statute of limitations while also forcing ordinary Americans to be forced to the back of the line, just so a few powerful special interest industries have expedited access to the courts would not just be justice delayed,” the groups wrote, “it would for too many, be justice denied.”

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