The following commentary by Congresswoman Celeste Maloy (R-UT) and ConservAmerica Jeff Kupfer appeared in The Hill on August 6, 2026:
Washington has a permitting problem, and those of us who work around energy projects see it repeatedly. The problem is built around a false choice: that we can either protect our natural resources or that we can promote economic growth and energy development. But we know that both priorities are valuable and, it turns out, are not mutually exclusive. Durable conservation depends on both. We need strong environmental standards, and we also need systems that actually work.
Today’s permitting process is slow, unpredictable and overly complicated. Even projects that meet existing environmental standards can spend years moving through reviews and lawsuits, creating uncertainty for communities, land managers and businesses. That kind of delay does not produce better environmental outcomes. More often than not, it leads to higher costs, stalled investment, and missed opportunities to responsibly manage our natural resources.
Rep. Celeste Maloy has put forward a proposal that aims to address these issues. The Full Responsibility and Expedited Enforcement (FREE) Act is a targeted effort to modernize federal permitting while maintaining environmental safeguards.
Here’s the core of the bill: for certain types of permits, agencies should define the rules up front and allow applicants to move forward if they can meet them. This “permit-by-rule” approach replaces open-ended timelines with clear standards and predictable deadlines. When expectations are spelled out in advance, applicants can design projects appropriately. Agencies, in turn, can focus less on managing drawn-out approval processes and more on ensuring compliance. It is a shift from a system built around delay to one built around accountability.
The FREE Act also keeps guardrails in place. Agencies would still have the authority to review applications, request documentation, and audit compliance. If a project does not meet the standards, it can still be denied. And if an agency needs to flag missing information, it must do so quickly, rather than letting applications sit unresolved.
The bill introduces something that has been missing from the current system: real timelines. If an agency does not act on a complete application within 180 days, the permit is approved. That does not eliminate oversight. It ensures that the process moves forward in a reasonable amount of time.
Importantly, the FREE Act does not take a one-size-fits-all approach. Agencies can continue to use traditional permitting where it makes sense, and applicants can choose the pathway that works best for their project. The goal is not to eliminate oversight but to provide both agencies and applicants with a more workable framework.
Organizations like ConservAmerica have long supported an “all-of-the-above” approach to energy and conservation, grounded in the idea that strong environmental stewardship and economic growth go hand in hand. This kind of reform fits squarely within a conservative approach to conservation. Clear rules, consistent enforcement and predictable processes tend to produce better outcomes than systems defined by uncertainty. When the process is transparent and efficient, it becomes easier to invest in projects that improve forest health, strengthen water systems, expand energy production, and support responsible use of public lands.
Conservation has always been about stewardship, not stagnation. From the earliest days of managing public lands, the aim has been to protect resources while ensuring they can be used responsibly for the benefit of future generations. That requires more than good intentions. It requires systems that can deliver results.
The FREE Act is a step in that direction. By making permitting more predictable, more transparent and more accountable, it offers a way to strengthen both environmental protection and economic opportunity.
We do not need to choose between the two. With the right reforms, we can do both and do them better.
Celeste Maloy represents Utah’s 2nd District in Congress, and Jeff Kupfer is the president of ConservAmerica