Energy Secretary Chris Wright on Tuesday had dinner with a group of Republican lawmakers to discuss changes to the nation’s permitting laws. That followed a dinner Monday between top Senate committee leaders engaged in negotiations toward a bipartisan overhaul.
But despite signs of momentum and a goal among senators of reaching a deal by summer, permitting reform — for the moment — remains something that enjoys wide support and never a clear path to enactment. That’s because for all the common ground in both parties around encouraging more energy production and accelerating projects of all types, permitting also touches on thorny issues for congressional Republicans, Democrats and this White House.
Many Democrats are open to negotiating changes to bedrock environmental laws like the National Environmental Policy Act but their allies in the environmental community are wary of giving away too much. Republicans are skeptical of taking authority away from states over power lines. And President Donald Trump has been on a crusade against renewable energy, particularly wind.
Whether Congress can pass a broad permitting law after years of trying will depend on lawmakers and the White House reconciling clashing priorities during a contentious election year.
“We see this as a window of opportunity, given the need to be able to build things, the challenges we have for either transmission or energy production or building of anything,” said Rep. Mariannette Miller-Meeks (R-Iowa), chair of the Conservative Climate Caucus, who wants to use her clout to push for a deal.
But Sen. Martin Heinrich (D-N.M.), ranking member of the Energy and Natural Resources Committee, one of the key negotiators on the issue, said the administration continues jeopardizing the talks.
“The thing that is the biggest threat to permitting reform right now is that the Trump administration backslid into a series of stalled-out permits,” Heinrich said. “They’re permitting fossil fuel projects left and right, and they’re not moving solar, wind and batteries.”
Heinrich and Senate Environment and Public Works ranking member Sheldon Whitehouse (D-R.I.) cut off negotiations in December after the administration moved to halt five near-complete offshore wind farms along the Eastern Seaboard.
The Democrats returned to the table after judges ruled against the stop-work orders and the administration began to show signs of easing its blockade on solar projects — a clean energy source that is supported by influential parts of the MAGA coalition.
But the administration is still working against offshore wind, and industry advocates say the Defense Department has been sitting on national security reviews for more than a hundred onshore projects around the nation.
During an April hearing, Interior Secretary Doug Burgum said, “This is the moment” for permitting reform. But then said earlier this month the administration would appeal a ruling against his department’s enhanced scrutiny of renewable energy.
Whitehouse told POLITICO that Democrats would take an internal caucus vote before moving forward with any bill. “And if none of our caucus believes that the Trump administration can be trusted, then good luck getting the bill done at the end,” he said.
Whitehouse and Heinrich are working on crafting an agreement with Environment and Public Works Chair Shelley Moore Capito (R-W.Va.) and Energy and Natural Resources Chair Mike Lee (R-Utah). All four where at Monday’s dinner organized by Sen. John Hickenlooper (D-Colo.), another permitting reform champion.
Taylor Rogers, a White House spokesperson, said, “President Trump has accomplished incredible executive reforms to streamline and modernize the permitting process in America, but we need legislative permitting reforms to unlock much-needed critical energy projects. We are working closely with our partners in Congress to drive these reforms, which will help lower energy costs for Americans.”
‘Won’t be able to whip the votes’
A permitting accord could cut red tape for both renewable energy and fossil fuel projects, limit environmental group lawsuits and bolster the electric grid to address increasing demand and prices.
Sen. Brian Schatz (D-Hawaii) — a member of the Senate Democratic leadership team — said his side is “more than open to a deal,” but “I can tell you for sure I wouldn’t be able to whip the votes for anything” unless the administration “stops doing violence” to solar and wind projects.
Even Republican negotiators have said Trump’s persistent attacks on renewable energy are making their work harder, raising questions over how committed the administration is to getting a deal done.
The president may also not be pleased if Congress moves to tie his hands. Indeed, a group of conservatives and anti-offshore wind lawmakers balked at a permitting reform bill in the House last year because they wanted the president to keep targeting offshore wind.
The “SPEED Act” from House Natural Resources Chair Bruce Westerman (R-Ark.) passed after some modifications, but permit certainty language remains a goal on both sides.
“We all still have a goal to have a durable permitting reform,” said Sen. Kevin Cramer (R-N.D.), a Trump ally. “But administrations don’t like to give up power, and sometimes laws do that sort of thing. I don’t think a deal is as important to them as it is probably to us.”
Capito is warning colleagues that a future Democratic president could retaliate by targeting fossil fuel projects absent congressional action.
“We need to seize the moment, and there needs to be certainty for all energy projects. That’s the issue,” Capito told POLITICO in an interview.
Libertarian advocate enters the fray
Tuesday’s dinner between Wright and lawmakers — Cramer among them — included libertarian advocate and fossil fuel booster Alex Epstein, who pushed last year for Republicans to scrap renewable energy tax credits.
Epstein — who is influential with conservatives — says he’s now pushing Congress to pass a permitting deal that reduces red tape for all forms of energy. He even suggested lawmakers should restrain the Trump administration from blocking approvals for solar and wind.
“I’m against any sort of technology-related crackdown of any kind by any administration,” Epstein told POLITICO. “I hope the negotiations lead to the restoration of any projects that are illegitimately being delayed.”
Working in favor of a deal, lawmakers say, is the close relationship between Capito and Whitehouse. Whitehouse is expected to leave the Environment and Public Works Committee to be the top Democrat on the Judiciary Committee next year, and negotiating a bipartisan permitting overhaul could leave a lasting legacy for him.
“They have a surprisingly good working dynamic, which I did not expect,” said Sen. Cynthia Lummis (R-Wyo.), a committee member who is retiring from Congress.
Heinrich and Lee are less chummy — having tussled during committee hearings and on social media — but both senators say they are negotiating in good faith.
Lee, a hard-line conservative, stressed to POLITICO this week that “we’re making good progress” on a deal.
More land mines ahead
Lobbying on permitting has been intense, with energy trade groups saying this is the year for Congress to act. And because of the rise in data center energy demand, tech players like Google are also pushing for a deal.
But even if the Senate can come up with an accord that can secure a filibuster-proof majority, it has to get buy-in from a House where factional divisions abound.
A Senate deal in 2024 between then-Sen. Joe Manchin (I-W.Va.) and Sen. John Barrasso (R-Wyo.) died during the end of the last Congress in part because it didn’t have enough buy-in from House leaders.
Grid issues were a major obstacle. Republicans have long been skeptical of giving the federal government more power to decide when and where to build big power lines — especially if it’s to carry wind and solar energy across rural states.
House Energy and Commerce Chair Brett Guthrie (R-Ky.) said he wanted a “bipartisan way forward” on transmission. But during a recent hearing, committee Republicans didn’t appear to be in a hurry to settle on a path forward.
“Permitting reform is necessary, but we need to correctly diagnose what issues are practically inhibiting efficient transmission development,” said Rep. Bob Latta (R-Ohio), chair of the Energy Subcommittee.
Miller-Meeks, who worked last year to help save some renewable energy tax incentives from repeal, said, “Both parties want permitting reform, perhaps for different reasons.”
“I hear that from manufacturers as well as energy producers and data centers,” she said. “So there’s a big urgency, and there’s a motivation on both sides to get something done. I would hate for it to slip through our hands for both parties.”
Zack Colman contributed to this report.
