On June 18, Senator Joe Manchin (I-WV), Senator Dan Sullivan (R-AK), and Representative Garret Graves (R-LA-06) introduced a bicameral resolution of disapproval under the Congressional Review Act (CRA) that, if passed, would overturn the recent NEPA final rulemaking promulgated by the Biden Administration. This rulemaking, referred to as the National Environmental Policy Act (NEPA) Phase 2 final rule, fails to appropriately implement bipartisan agreements to reform NEPA that were included in last year’s Fiscal Responsibility Act (FRA). Currently, obtaining the proper permits and permissions to construct or expand an interstate pipeline takes years to complete, leaving public gas utilities struggling to meet the increasing consumer demand for reliable, affordable, and efficient natural gas. Public gas systems need the federal government to act in good faith to reform broken and burdensome interstate energy permitting processes and appropriately implement reforms that Congress has already agreed to.
APGA supported bipartisan efforts last year to pass the FRA, which included several provisions aimed at reforming permitting processes that are currently wrought with long delays, significant litigation hurdles, and potentially wasted taxpayer dollars. After Congress passed the FRA and the President signed the bill, the Council on Environmental Quality (CEQ), the agency responsible for implementing these reforms, announced a final rulemaking that clearly failed to accomplish the intended purpose of the bipartisan legislation. The final rule could actually create more red tape and add additional requirements for certain energy projects.
APGA staff supported efforts in both chambers to introduce this resolution and add additional co-sponsors. View the press release for more information, including an APGA mention. APGA staff will continue to work with members of Congress to educate them on the importance of this resolution and commonsense permitting reforms. We will also be sure to update members on any progress.
Public gas systems should be pleased to see members of Congress pushing back against the Administration’s blatant move to subvert the intent of the permitting provisions in the FRA. The resolution faces a difficult road ahead, as both chambers of Congress would need to pass the language and then the President would need to sign it. Efforts like these are still incredibly important as they send a message to the Administration and American energy consumers, who will head to polls in November, highlighting the urgent need to fix broken permitting processes in order to meet the country’s energy needs.
For questions on this article, please contact Josh St.Pierre of APGA staff by phone at 202-407-0015 or by email at jstpierre@apga.org.