The permitting process for U.S. energy, manufacturing, and critical infrastructure projects would be streamlined and reformed under legislation introduced on Tuesday by U.S. Sens. Bill Cassidy (R-LA) and Steve Daines (R-MT).
Sen. Cassidy on Oct. 31 sponsored the Revising and Enhancing Project Authorizations Impacted by Review (REPAIR) Act of 2023, S. 3170, which Sen. Daines signed on as the lead original cosponsor of four other Republican original cosponsors.
If enacted, S. 3170 would prescribe judicial review requirements for certain projects and establish clear guidelines for addressing court decisions that could hold up these projects, according to a bill summary provided by the lawmakers.
“It’s impossible to permit energy and manufacturing in the U.S.,” Sen. Cassidy said. “Well-funded radical groups are hijacking the justice system to send critical infrastructure projects they don’t like into legal purgatory.
“Common-sense judicial reform removes unnecessary roadblocks while preserving the right to challenge projects,” he added. “Doing so provides certainty and shortens permitting timelines.”
S. 3170 would make several changes to the judicial review process of an approved permit to ensure all laws related to permitting have the same review process, scope of adjudication, rules for standing, and statute of limitations, the summary says.
For instance, the measure would remove the ability to file a suit based on the National Environmental Policy Act, instead focusing lawsuits on the statute for which the permit was issued.
And in the case of a judicial remand or other court action, the REPAIR Act would establish a mediation process that allows the project developer and the permit-issuing agency to directly address the challenge in order to allow the project to move forward.
Additionally, S. 3170 would increase transparency in ongoing court challenges to permits in an effort to highlight the delays caused by the judicial process, the summary says.
“Montanans are no strangers to the endless cycles of permitting and litigation that tie up important mining and energy projects, kill Montana jobs, and jeopardize economic development,” Sen. Daines said. “To unlock Montana’s full potential, it’s essential that we put an end to these frivolous lawsuits brought on by fringe groups and enact litigation reform to complement efforts to streamline the permitting process.”
The legislation is supported by the U.S. Chamber of Commerce, the American Petroleum Institute, and ClearPath Action.