Last week, the Department of the Interior (DOI) implemented emergency procedures that are designed to slash the multi-year permitting processes for energy and critical minerals to a maximum of 28 days. While there is much to do in order to fix the country’s broken and burdensome permitting system, DOI’s action is a significant step towards President Trump’s American Energy Dominance goals. Accelerating the development of America’s diverse and abundant natural resources will lower costs, create high-paying jobs for Americans, and bolster our national security and global competitiveness.
In the 1970s, the federal government implemented a range of environmental laws, including the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the Endangered Species Act (ESA), for good reason. At the time, America’s natural habitats, wildlife, air, and waterways were in poor condition because industries lacked the incentive and knowledge necessary to properly assess the environmental costs of their operations. These laws were necessary to compel developers to assess environmental costs and implement mitigation measures, and they’ve been highly successful in achieving these goals. Emissions of the six key pollutants are down 78% since 1970; the share of rivers safe for fishing rose 12% from 1972 to 2001, and iconic species like the Bald Eagle and American Alligator have recovered from near extinction.
Unfortunately, these laws have also become lightning rods for litigation from activists seeking to halt economic progress, particularly in the energy sector. Due to this threat, agencies go above and beyond to “litigation-proof” the environmental assessments (EA) and environmental impact statements (EIS) required to satisfy environmental statutes. A 2020 study found that the average EIS takes 4.5 years and can then be litigated for years. Nuclear reactors can take a decade to get through environmental review and litigation, and mining projects can take 20 years. Meanwhile, China and Russia have seized leading positions in these sectors.
The status quo of obsessive proceduralism and litigation is incompatible with the development necessary for the modern clean energy economy. President Trump got the ball rolling by declaring a National Energy Emergency on his first day in office, and DOI has followed up quickly by accelerating environmental reviews. We look forward to further actions from Congress, federal agencies, and states to modernize permitting and unleash American energy dominance.