Will the US Senate Stall Much-Needed Permitting Reforms?

In a last-gasp flurry of activity, the 119th House of Representatives in December moved forward a bevy of bills aimed at shortening the time frame and the costs required for federal permits for infrastructure projects, many of which are deemed vital to national security.

That’s the good news. The bad news is that these bills are now in the hands of a divided U.S. Senate that, in most cases, requires 60 votes to move a House-passed bill to the Resolute Desk. And, as Rep. Mike Collins (R-GA) says, quality legislation passed by the House all too often disappears into the “black hole” that is the U.S. Senate.

On Day 1 of his second term, President Trump signed an Executive Order, Unleashing American Energy, that directed the Council on Environmental Quality to provide guidance on implementing the National Environmental Protection Act (NEPA) to expedite and simplify the permitting process. The CEQ responded by rescinding its own NEPA regulations – creating a clear path for regulatory agencies to reform their own NEPA procedures.

On May 23, the President issued a series of executive orders to expedite nuclear energy development across the United States – including one that mandates sweeping reforms to the NRC’s structure, personnel, regulations, and basic operations to ensure America’s dominance in the global nuclear energy market. But those orders could go by the wayside unless codified into federal law – which even today is a daunting prospect.

A July McKinsey