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Environmentalism

Environmentalists, Senate Republicans Unite to Kill Joe Manchin's Plan to Streamline Environmental Review

The West Virginia senator had proposed a series of exceedingly modest tweaks designed to speed up the yearslong environmental review process for new energy projects.

Christian Britschgi | 9.28.2022 11:35 AM

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Environmentalists protesting Joe Manchin's NEPA reforms | Alejandro Alvarez/Sipa USA/Newscom
(Alejandro Alvarez/Sipa USA/Newscom)

The "side deal" that Sen. Joe Manchin (D–W.V.) worked out to speed up federal permitting of energy projects in exchange for his vote for the Inflation Reduction Act (IRA) is now dead, and with it the one potential silver lining in Democrats' $740 billion spending measure.

Citing its likely failure, Manchin said Tuesday evening that he'd asked Senate Majority Leader Chuck Schumer (D–N.Y.) to remove the permit streamlining measure from a continuing resolution the Senate was voting on that evening.

"It's unfortunate that members of the United States Senate are allowing politics to put the energy security of our nation at risk," said Manchin in a statement. "A failed vote on something so critical as comprehensive permitting reform only serves to embolden leaders like [Russian President Vladimir] Putin who wish to see America fail."

My statement on the decision to remove the comprehensive permitting reform language from the Continuing Resolution: pic.twitter.com/M0lARzHp8x

— Senator Joe Manchin (@Sen_JoeManchin) September 27, 2022

Manchin's proposal would have made a number of attempted streamlining changes to the National Environmental Policy Act (NEPA). The 1970 law requires federal agencies to perform environmental reviews of their actions, whether that's funding a new highway or permitting a new wind farm.

NEPA has come under increasing scrutiny from both right and left for gumming up infrastructure projects. The most stringent environmental reviews take nearly five years on average to complete, at the cost of millions of dollars to the taxpayer. Gadflies that don't want cellphone towers or solar farms near them can delay things further by suing over NEPA reviews they claim are inadequate.

It's a bipartisan cause.

"NEPA has become a weapon used by special interests to make much-needed infrastructure and maintenance projects throughout our country prohibitively expensive," said Sen. Mike Lee (R–Utah) when introducing his own reform bill last year.

Liberal New York Times columnist Ezra Klein struck a similar note in a column earlier this year, saying NEPA and its state-level equivalents have become "powerful allies of an intolerable status quo, rendering government plodding and ineffectual and making it almost impossible to build green infrastructure at the speed we need."

Manchin's proposed fixes included having the president identify 25 "high-priority" projects for expedited review, imposing an "average" two-year timeline for reviews generally, and requiring courts to more quickly adjudicate NEPA lawsuits.

Most NEPA watchers have said these reforms were pretty toothless.

Giving the president the power to designate high-priority projects "would have little significant consequence. The president would be required to issue executive orders directing agencies to expedite such projects," said the free market Competitive Enterprise Institute's Mario Loyola.

Permitting shot clocks are an idea that's been tried and failed.

"If you give an agency a timeline, they blow right through deadlines all the time and it's hard to enforce," the Center for Growth and Opportunity's Eli Dourado told Reason last month.

Dourado was also unimpressed with Manchin's plan for speeding up NEPA litigation, saying "even if you did get in front of a court, judges are going to enforce NEPA. If they decide [an environmental review] is incomplete in some way, or is deficient" they can still tell an agency to redo it.

Even these exceedingly modest reforms were too much for some Democrats and environmental advocacy groups.

Eight Senators, including Sens. Bernie Sanders (I–Vt.) and Elizabeth Warren (D–Mass.), and 70 House members signed on to a letter saying Manchin's side deal would "short-circuit or undermine" NEPA. CEI, a proponent of far more sweeping permitting reform, also said Manchin's legislation had more negatives than positives, and should therefore be dropped.

Per Politico, the real fatal blow came from Senate Minority Leader Mitch McConnell, who urged his co-partisans to oppose a continuing resolution that included permitting reform provisions.

The continuing resolution, which needed to pass before October 1 to keep the government open, required 60 votes. With NEPA reform out of the equation, it passed the Senate on a 72–23 vote last night.

It's possible permitting reform might have a second chance at life this year. Sen. Shelley Moore Capito (R–W.Va.), per Bloomberg's Erik Wasson, said she would be willing to work to include NEPA changes in a defense spending bill.

gop @SenCapito says she's willing to negotiate new version with Manchin and put on annual defense bill

— Erik Wasson (@elwasson) September 27, 2022

Time will tell if that comes together. It's certainly not a good sign for the federal government's effectiveness that an exceedingly mild bipartisan reform to a permitting process that everyone agrees is fundamentally broken has more trouble passing Congress than trillions in new spending.

Rent Free is a weekly newsletter from Christian Britschgi on urbanism and the fight for less regulation, more housing, more property rights, and more freedom in America's cities.

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NEXT: Biden Declares War on 'Junk Fees,' but There's (Thankfully) Not Much He Can Do About Them

Christian Britschgi is a reporter at Reason.

EnvironmentalismDeregulationInfrastructureGovernment SpendingRenewable energyEnergy & EnvironmentJoe Manchin
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  1. sarcasmic   3 years ago

    Everything Democrats support must be opposed as a matter of principle. No need to read or examine the policy. Just look at the source. It's the only thing you need to know.

    1. SQRLSY One   3 years ago

      Ya beat me to it!!! ... Senate Republicans: In favor of deregulation, except if the idea is sponsored by "the enemy"!!!!

    2. Don't look at me!   3 years ago

      Poor sarc.

    3. Diane Reynolds (Paul.)   3 years ago

      If only this had been opposed by Republicans (writ large) then your comment might carry weight.

      1. sarcasmic   3 years ago

        My comment was never intended to carry weight. Just mocking the folks to reflexively support and oppose policies based solely on the (D) or (R).

        1. Don't look at me!   3 years ago

          Ideas!

      2. JesseAz   3 years ago

        He is ignorant that the GOP already had an amendment covering pipelines signed off by half the membership. Sarc doesn't ever care to educate himself preferring his narratives.

        1. sarcasmic   3 years ago

          Wah wah Republican proposal was better because Republican wah wah wah.

    4. damikesc   3 years ago

      Why would the Republicans bail the Democrats out of their problem?

      They proposed their own bill Manchin shat on. So fuck him. Next time, do not trust the Dems. I love how Republicans are blamed more than Dems, even though Dems can pass it without a single GOP vote.

      1. SQRLSY One   3 years ago

        "Why would the Republicans bail the Democrats out of their problem?"

        Does it EVER occur to hyper-partisan MORONS that OUR PROBLEMS are problems of our nation, our species, and of the planet at large? And that hyper-partisan squabbling and EGO stands in the way?

        Oh by the way... How are your totalitarian ideas coming along?

        Hey Damiksec, damiskec, and damikesc, and ALL of your other socks…
        How is your totalitarian scheme to FORCE people to buy Reason magazines coming along?

        Free speech (freedom from “Cancel Culture”) comes from Facebook, Twitter, Tik-Tok, and Google, right? THAT is why we need to pass laws to prohibit these DANGEROUS companies (which, ugh!, the BASTARDS, put profits above people!)!!! We must pass new laws to retract “Section 230” and FORCE the evil corporations to provide us all (EXCEPT for my political enemies, of course!) with a “UBIFS”, a Universal Basic Income of Free Speech!

        So leftist “false flag” commenters will inundate Reason-dot-com with shitloads of PROTECTED racist comments, and then pissed-off readers and advertisers and buyers (of Reason magazine) will all BOYCOTT Reason! And right-wing idiots like Damikesc will then FORCE people to support Reason, so as to nullify the attempts at boycotts! THAT is your ultimate authoritarian “fix” here!!!

        “Now, to “protect” Reason from this meddling here, are we going to REQUIRE readers and advertisers to support Reason, to protect Reason from boycotts?”
        Yup. Basically. Sounds rough. (Quote damikesc)

        (Etc.)

        See https://reason.com/2020/06/24/the-new-censors/

      2. Inquisitive Squirrel   3 years ago

        It's sarc, he has to get in his shot at Repubs like normal.

    5. NOYB2   3 years ago

      Republicans have read the proposed legislation (no thanks to Manchin, who worked it out in a backroom deal) and found it wanting. That's why they are voting against it.

      1. Rev. Arthur L. Kirkland   3 years ago

        So long as West Virginians experience the misery that slack-jawed, obsolete, superstitious, ignorant bigots deserve, I will be content.

    6. DarrenM   3 years ago

      Just ignore the $740 billion in spending.

  2. Social Justice is neither   3 years ago

    I see Manchin decided on the Liz Cheney school of winning friends and influencing people.

  3. Mike Laursen   3 years ago

    Wait, what?! Individual Senators are allowed to propose laws?!

    1. Eeyore   3 years ago

      Right?

  4. Diane Reynolds (Paul.)   3 years ago

    Compare and contrast:

    The "side deal" that Sen. Joe Manchin (D–W.V.) worked out to speed up federal permitting of energy projects in exchange for his vote for the Inflation Reduction Act

    with

    "It's unfortunate that members of the United States Senate are allowing politics to put the energy security of our nation at risk," said Manchin in a statement. "A failed vote on something so critical as comprehensive permitting reform only serves to embolden leaders like [Russian President Vladimir] Putin who wish to see America fail."

    Indeed, Mr. Manchin. It is a shame to see politics play out in these important issues.

    1. JesseAz   3 years ago

      Thought reason was calling these political stunts these days.

      1. DesigNate   3 years ago

        If he’s smart he’s learned his lesson on trusting his fellow Democrats.

  5. Diane Reynolds (Paul.)   3 years ago

    Liberal New York Times columnist Ezra Klein struck a similar note in a column earlier this year, saying NEPA and its state-level equivalents have become "powerful allies of an intolerable status quo, rendering government plodding and ineffectual and making it almost impossible to build green infrastructure at the speed we need."

    I like how the people whose fingerprints are all over the problem portray themselves as the late-stage voices of reason.

    1. Diane Reynolds (Paul.)   3 years ago

      See: COVID lockdown/mask reversals.

    2. Rev. Arthur L. Kuckland   3 years ago (edited)

      I thought you were going to comment on the extra qualifier, which is still wrong “liberal new York times columnist” Should read “evil retarded Marxist cunt new york times columnist”

      1. Diane Reynolds (Paul.)   3 years ago

        Why all the unnecessary adjectives which are made clear by "New York Times Columnist"?

        1. InsaneTrollLogic   3 years ago

          It's fairly self-explanatory. After all, we are talking about the same pool of reporters who once praised Stalin.

          1. damikesc   3 years ago

            And fully believed Jussie Smollett. Just to keep their intellect in further question.

            Most still believe the Russia hoax.

  6. Diane Reynolds (Paul.)   3 years ago

    Oh, by the way, interesting headline suggesting this was broadly "bipartisan".

    From around the web, here are alternate headlines:

    Vox:

    The Democratic infighting over Joe Manchin’s “side deal,” explained
    Progressives have slammed an agreement on permitting reforms as a giveaway to fossil fuels.

    Guardian:

    Schumer and Manchin’s ‘dirty side deal’ to fast-track pipelines faces backlash
    Scientists and environmental groups call proposed legislation a ‘giveaway’ to fossil fuel industry that will gut protections

    Virginia Murcury:

    Many Republicans and others who favor more robust energy production have often complained that the federal permitting process, including requirements of the National Environmental Policy Act, is too burdensome for builders and costs too much time and money.

    Here's PBS on August fourth, declaring Manchin's proposal as largely republican supported:

    WASHINGTON (AP) — In a surprise victory for Republicans, the Senate on Thursday voted to overturn a Biden administration rule requiring rigorous environmental review of major infrastructure projects such as highways, pipelines and oil wells — an outcome aided by Democratic Sen. Joe Manchin of West Virginia.

    Manchin, a key player on energy and climate issues and a swing vote in the closely divided Senate, joined Republicans to support the measure, which was approved 50-47. The vote comes as Manchin has proposed a separate list of legislative measures to speed up federal permitting for major projects in return for his support of a Democratic bill to address climate change.

    1. Diane Reynolds (Paul.)   3 years ago

      Jared Huffman, California:

      AFTER DEMOCRATS PASS CLIMATE BILL, PROGRESSIVES VOW TO FIGHT MANCHIN’S PERMITTING DEAL

      Yeah, the problem is clearly bipartisan.

      1. mad.casual   3 years ago

        Also notable from the opposite direction of the long con:
        2010 Narrative: 'Republicans oppose legislation, force government shutdown, drive nation into ditch.'
        2010 Reason: 'Shutting the government down is unlibertarian because it costs money.'
        2022 Narrative: 'Republicans back Democrat-initiated deregulation, abandon initiative to avoid shutdown and driving nation into ditch.'
        2022 Reason: 'Republicans are pro-energy regulation.'

    2. Diane Reynolds (Paul.)   3 years ago

      House Democrats hold an eight-seat majority. The Democrats opposed to the permitting change said it would undermine the federal Clean Water Act and the National Environmental Policy Act. The evenly split Senate has most Democrats leaning toward supporting Manchin’s plan. However, Independent Sen. Bernie Sanders of Vermont, who caucuses with Democrats, said he would oppose the “disastrous side deal.” Removing barriers to pipeline permitting would pave the way for companies to “pollute the environment and destroy our planet.”

      Most Republicans favor changes to the federal permitting system, but the looming midterm elections in November could scuttle bipartisan dealmaking.

      To that end, Manchin’s fellow West Virginian, GOP Sen. Shelley Moore Capito, has introduced a competing bill with 43 Republican co-sponsors. Capito is ranking member of the Senate Environment and Public Works Committee.

      The Capito-led Simplify Timelines and Assure Regulatory Transparency (START) Act, would provide “comprehensive federal regulatory permitting and project review reform legislation,” she said.

      “Since our calls for action and offers to see legislative text from the permitting ‘deal’ remain unheeded, Republicans are introducing this legislation…to deliver solutions to the roadblocks, delays, and postponements of key infrastructure projects across the country,” Capito said.

      So, from what I'm able to read... this should make Suderman happy. The Republicans have a plan of their own.

  7. Bill Dalasio   3 years ago

    I have to admit it's pretty funny to watch Manchin twist in the wind while the "side deal" he was given to secure his vote for the Inflation Reduction Act gets gutted. His demand for deficit reduction were already thrown under the bus. So much for Reason's "champion of fiscal probity".

    1. Rev. Arthur L. Kuckland   3 years ago

      "I have altered our deal, pray I don't alter it any further"

  8. Eeyore   3 years ago

    The only way for us to continue to pretend that large renewable energy projects will work out us to never successfully finish large projects.

    1. Kungpowderfinger   3 years ago

      It’s absolutely in the best interests of the fucking Democrats and their “green energy” cronies to keep these projects from being spectacular proven failures.

      Like has already been shown in Europe, for instance.

      The smart play would be keeping to Solyndra levels of grift passed around between companies and congress critter pockets, with no expectations of anything actually being built*. But since when have incumbents been fearful of pushing the boundaries of their payoffs?

      *a scheme that a lengthy environmental impact study is clearly a key component of

  9. Rev. Arthur L. Kirkland   3 years ago

    Let West Virginians eat their goofy red hats . . . which, I hope, are delicious and nutritious.

    When they run out of hats . . . who cares?

  10. Dillinger   3 years ago

    that stupid fucking hillbilly contradicts himself with his own quotes.

  11. JesseAz   3 years ago

    The GOP already had a bill with half their membership signed off on it. The Manchin bill only helped his regional area for election purposes. I believe reason calls these political stunts now.

    Also in the Manchin bill it gave the feds more power on transmission lines to force States to pay and approve lines deemed necessary at the federal level for green energy expansion. Odd that was left out as well.

    1. Eeyore   3 years ago

      Those are interesting details.

    2. DesigNate   3 years ago

      Why do you love Republicans so much!!1!1!1!?

  12. Roberta   3 years ago

    Look at the big picture. Is the Inflation Reduction Act guaranteed to pass? If not, how much does the failure to include this amendment reduce its chances of passage? And how much is the chance to stop the Inflation Reduction Act worth compared to the environmental review reforms? Do you not trust the judgment of the GOP leadership on this?

  13. Inquisitive Squirrel   3 years ago

    I don't like Manchin's proposed reform. It ostensibly says the process is broken, but instead of fixing it we just allow the president to subjectively carve out who the 25 winners will be. With a Dem president, you can be guaranteed that such projects won't involve fossil fuels or nuclear power, and with Repub presidents you can guarantee that such projects won't involve renewable energies.

    Giving the president more power to help cronies is not how you solve this problem.

  14. Trigger Warning   3 years ago

    "Yearslong" is not one word. It is two. Looks like "yearschlong."

  15. DarrenM   3 years ago

    "The "side deal" that Sen. Joe Manchin (D–W.V.) worked out to speed up federal permitting of energy projects in exchange for his vote for the Inflation Reduction Act (IRA) is now dead, and with it the one potential silver lining in Democrats' $740 billion spending measure."

    Do I understand this correctly? It was necessary to support the $740 billion spending for the sake of getting this reform? It's dishonest to characterize this as opposing the reform, but not the spending, but I suppose that's how headlines are written.

  16. eva295foster   3 years ago (edited)

    I work from home providing various internet services for an hourly rate of $80 USD. I never thought it would be possible, but my trustworthy friend persuaded (emu-10) me to take the opportunity after telling me how she quickly earned 13,000 dollars in just four weeks while working on the greatest project. Go to this article for more information.
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