The path to the bipartisan goal of permitting reform runs through two Senate committees: In one, there are clear partisan tensions. But atop the other sits an unlikely duo whose friendship might just shepherd a long-elusive agreement across the finish line.
The fellowship between Republican Sen. Shelley Moore Capito of West Virginia and Democratic Sen. Sheldon Whitehouse of Rhode Island — chair and ranking member of the Environment and Public Works Committee — has taken on new importance during months of talks toward a broad accord to streamline approvals for all type of projects.
Whitehouse often rails against Republicans corrupted by fossil fuel dollars. He also halted permitting talks to protest the administration’s moves against renewable energy. But he takes pains not to blame Capito.
“I couldn’s think of a better person to deal with, honestly,” Capito said. “I can’t point to one instance where I feel like he’s ever pulled the rug out from under or has not been fully transparent with me.”
Whitehouse similarly praised his GOP colleague, saying, “It’s been a very healthy relationship, kind of the way people think these things should go.”
The relationship between Capito and Whitehouse stands in contrast to the dynamic between Energy and Natural Resources Chair Mike Lee (R-Utah) and ranking member Martin Heinrich (D-N.M.), who are engaging in permitting talks but have also sparred about how to run the committee and attacked each other on social media.
Capito and Whitehouse also have major differences. He’s one of Congress’ most vocal climate action hawks. She is a champion of her state’s coal industry and has cheered the Trump administration’s rollback of climate rules.
But interviews with Capito and Whiehouse, as well as current and former committee staffers, reveal a mutual admiration that has, at least so far, helped keep permitting reform negotiations mostly on track.
The two started off their time atop the committee wanting to make their relationship work. They opened the first meeting of the new Congress by exchanging complimentary remarks.
Whitehouse said, “I’d like to let everyone know that I like the chairman. That’s a good start.”
And he gifted Capito a gavel made of wood from West Virginia’s first official Capitol in Wheeling — a gesture that Capito press secretary Sarah Franklin said “was very meaningful to the chairman.”
Capito said during an interview that she also worked well with former Delaware Sen. Tom Carper, who led the Environment and Public Works Committee during the past Congress. Capito led the panel’s minority then.
But Carper was more moderate on the environment and other issues compared to Whitehouse, who regularly makes comments like, “Senate Republicans have made clear that their favored constituency is their fossil fuel industry donors.”
But of Capito specifically, Whitehouse says, “I’ll give her credit as the chair, for being willing to be reasonable and helpful.”
‘Legacy building’
Even with Capito expressing optimism about getting a bipartisan permitting reform package across the finish line, the goal has eluded lawmakers for years. “The devil’s in the details,” Capito said earlier this month.
But the consensus among lawmakers keen on a compromise is that Capito and Whitehouse are making the legislation a top priority — and share a negotiating style that could lead to success.
“I think they make a great couple … because they both want to get this done,” said Sen. Kevin Cramer (R-N.D.). “If you have only one person into it, you’re probably not likely to get something done. But in this case you have two people that really want to do it.”
Alex Herrgott, a former Environment and Public Works top staffer who went on to work on permitting issues, compared the Whitehouse-Capito dynamic to that of former Sens. Barbara Boxer (D-Calif.) and James Inhofe (R-Okla.), who led their respective parties on the panel a decade ago.
“When you work with [Whitehouse], you know exactly where the line is. It doesn’t leave you guessing — clarity creates just enough room and trust to get a deal done,” Herrgott added.
An industry lobbyist familiar with both offices, granted anonymity to speak candidly, said Whitehouse’s laser focus on climate change and reducing carbon emissions can actually make him a more trustworthy negotiator for Republicans to work with.
“The fundamental math problem, in their view, is there’s too much CO2 in the air, and there’s more going up all the time,” the lobbyist said. “It’s not, you know, pure political rhetoric. They’re trying to actually get to an outcome. And because of that transactionality, there’s room to negotiate.”
Capito, for her part, “knows how to trade paper” and respects Whitehouse’s style of negotiation, the lobbyist added.
And she does not mince words when it comes to emphasizing the importance of permitting reform, either for herself or for Whitehouse.
“We want to see things get done, and this would be critical — it would be legacy building for not just us, but for subsequent administrations. This could make a big difference for everybody,” Capito said.
Enchanting EPW
People who follow the committee say the camaraderie currently on display may be a feature of the committee’s jurisdiction, rather than a reflection on the current leaders.
A former EPW Democratic staffer, granted anonymity to speak candidly, said that because the committee is tasked with regular bipartisan legislation like the six-year surface transportation bill or biennial water projects authorization, staffers have to be bipartisan by nature.
“There’s just all kinds of people in the EPW — the current situation, but also the EPW diaspora — that might be hired by enviros, or hired by industry or hired by whoever to work on an issue, where they all just kind of know, ‘This is the kind of thing that can land in a six-year bill, and this is the kind of thing that cannot.’ And so all of us kind of work that way as a result,” the former staffer said.
Even though past Energy and Natural Resources Committee leaders have worked well together — like Sens. Lisa Murkowski (R-Alaska) and Maria Cantwell (D-Wash.) — that panel has fewer bipartisan must-pass measures, the staffer said.
Still, it was the Energy and Natural Resources Committee that advanced a bipartisan permitting compromise last Congress that in the end didn’t become law. Environment and Public Works is taking a “bigger role” this time around, said Cramer.
K Street thinks this is the year for a permitting deal because the Whitehouse-Capito committee partnership may soon come to an end. It’s no secret Whitehouse wants the top Democratic spot on the Judiciary Committee next year.
“[Capito] will work with anyone who’s right on the issues … they need to be willing to work on the right issues and think about them in a way that’s somewhat pragmatic,” said the lobbyist.
“I just fear that Whitehouse being the [Democratic] lead of the committee gives you that moment, and once he’s gone, that there may not be that willing dance partner,” the lobbyist said.
