Permitting reform is about to take the stage again. As the players begin practicing their lines, it appears that some politicians intent on gutting the National Environmental Policy Act (NEPA) may try borrowing some lines from the environmental movement.
Osha Gray Davidson reported on this trend, calling it a greenwashing tactic. In his article, How to Greenwash an Attack on a Major Environmental Law, he acknowledged that promises to "expedite decision-making" are almost as old as NEPA itself. Although the law passed unanimously in 1970, it became a target during Reagan's campaign just nine years later. This time, however, the messaging is different. Instead of promoting industry, the latest NEPA detractors are promoting renewable projects.
The problem is, eliminating analytical rigor will not automatically expedite renewable projects, and it could even slow them down. He quoted two veterans in the NEPA arena who agree that ensuring agency capacity is a better way to achieve efficiency. Dinah Bear served as chief council to the Council on Environmental Quality for 25 years, under Republican and Democratic administrations. "Nothing can replace the efficiency of an experienced in-house team working together under the direction of upper management that cares about the process and makes it a priority." She praised Congress for taking steps to improve efficiency by allocating sufficient funds to improving federal environmental reviews. The inflation Reduction Act included a record $1 billion, which includes $350 million for the Federal Permitting Improvement Steering Council, $30 million for the Council on Environmental Quality, and $635 million to improve and expedite permitting across relevant federal agencies. Representative Raul Grijalva, a long-time champion of NEPA agreed that after such a significant infusion of funds, the demand for "permitting reform" rings hollow.
His assessment is consistent with the results of our research at the Stegner Center, which show that agency capacity and poor inter-agency coordination are two of the primary sources of delay in the permitting process. Amplified funding from the IRA could create efficiencies simply by ensuring that agencies have adequate staff and sufficient funding. Before claiming that the system is still broken, we should give it a chance to work.
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