09/30/2026
My thoughts on the Senate's permitting reform bill:
Passing a good permitting reform package will be one of my top priorities for the next Congress, so I'm very interested in these Senate negotiations.
From what I've seen, Senators Whitehouse and Heinrich have done some good work, but they've been negotiating from a position of weakness and the tentative deal unveiled today raises significant questions and concerns that would have to be resolved before most Democrats could support it.
I'm all for streamlining transmission and clean energy buildout, but the threshold requirement before making major policy concessions is to actually end Trump's war on renewables so that hundreds of bottled-up clean energy projects can bring that affordable power to the grid. Further, we can't throw states, tribes, impacted communities, and threatened and endangered wildlife under the bus. And as we streamline and cut red tape, we must make sure the American people — not just powerful corporate interests — have a say in government decisions about what happens to our air, water, and public lands. That's what serious, responsible permitting reform looks like.
There's a way to get there, and parts of this deal are helpful, but some of it concedes too much. Hollowing out the Endangered Species Act through the delegation of authority and problematic definitions, for example, is so extreme that a milder version of it spooked several House Republicans off of Bruce Westerman's ESA bill earlier this year, so you can imagine how it's going to land with the American people who overwhelmingly support protecting wildlife. And the provisions that seek to guarantee fair treatment for wind, solar, and battery storage are novel, untested, and don't really end the war on clean energy, but they will still trigger cries of "Green New Deal" and fierce opposition from the House Freedom Caucus, clouding any path to pass this deal through the House unless it gets much worse. And knowing the GOP players, that's exactly what will happen if this bill advances in the lame duck.
The bottom line for me, and I believe most Democrats, is that November 3rd is coming and we are likely to soon have a far better negotiating position. Folding our hand now or in the lame duck makes no sense when we can keep working on this and, in a few more months, have a much better deal that works for everyone.
