Smart Regulation The Case for Permitting Reform


Business Roundtable urges Congress to pass bipartisan permitting reform legislation this year.

Although bipartisan efforts have led to improvements in recent years, the slow and inefficient permitting process for energy infrastructure projects continues to discourage private sector investment, delay new projects and undermine the value of taxpayer investments. Without further permitting reforms, the U.S. will not meet its energy or climate goals, including unlocking more than $3 trillion in clean energy investments over the next decade.

Additional bipartisan and commonsense reforms would enable numerous new energy infrastructure projects that strengthen our energy security, allow the U.S. to meet its climate goals and create new American jobs.

Business Roundtable calls on Congress to enact commonsense permitting reforms that would:

  • Expand and further improve the best practices for agency review and coordination created under FAST-41 to include a larger universe of projects. For example, require all agencies to make permitting decisions within 90 days of issuing a record of decision, which will spur businesses to move investment dollars out of reserves and into the economy.
  • Designate a lead agency for each project.
  • Ensure greater use of categorical exclusions for projects that already meet clear criteria.
  • Shorten the statute of limitations for challenging energy projects to 150 days, as opposed to the six years provided under the Administrative Procedure Act or two years under the current FAST-41.