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James Coleman
@EnergyLawProf
Here's the text of Senator Manchin's proposed permitting bill: energy.senate.gov/services/files Unfortunately, as it stands, it's a missed opportunity that could squander new spending for clean energy. If you can't get permission to build, more $$ won't help. energylawprof.com/?p=1885
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Alec Stapp
@AlecStapp
9. Biggest missed opportunity that's not in the current text: Time limits on judicial injunctions to reduce uncertainty for developers. From our report: progress.institute/environmental-
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James Coleman
@EnergyLawProf
Important to distinguish three time limits for permitting environmental reviews: 1) Time limit for agency review. 2) Time limit for plaintiff to challenge permit. 3) Time limit for judicial review of completed review & permit.
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James Coleman
@EnergyLawProf
You can't enforce 1 (time limit on agency) & could even backfire in court review by suggesting rushed review. 2 isn't a real problem anyway; smart plaintiffs sue quickly—best chance to stop project is before construction starts. 3 is the key to stop fear of endless review.
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James Coleman
@EnergyLawProf
Even some of the theoretically helpful things the bill does by giving the federal government more authority over power-lines and hydrogen pipelines won't do any good without reform of the federal environmental review permitting process.
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Arnab Datta
@ArnabDatta321
At least one really good thing added to @Sen_JoeManchin permitting bill, putting hydrogen on equal footing with natural gas. FERC would authorize using the public convenience and necessity standard--easier hurdle to clear. cc: @AlecStapp @EnergyLawProf
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James Coleman
@EnergyLawProf
By the same token, if this bill is supplemented with provisions that put some time limits on court delay of federally-approved projects, it would accelerate its other streamlining provisions that rely on increased federal authority.
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James Coleman
@EnergyLawProf
New: Sen. Manchin's proposed permitting bill is unlikely to speed construction of cleaner new energy sources. It offers federal review of power-lines & hydrogen but delays for nationally-approved projects keep increasing & bill doesn't offer solutions.
energylawprof.com
Can Weak Manchin Permitting Bill Be Strengthened?
After authorizing $370 billion in new funding for new, cleaner energy sources, Congress is turning to permitting reform: All the money in the world will not help if projects don’t have permis…
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