Energy Permitting Reform Act of 2024
S. 4753
S. 4753
The Energy Permitting Reform Act of 2024 will strengthen American energy security by accelerating the permitting process for critical energy and mineral projects in the United States. The bill includes geothermal permitting changes and judicial review reforms that will limit delays. The bill includes leasing reforms to promote domestic production of energy resources on federal lands.
The proposal requires federal agencies to issue new categorical exclusions for previously studied areas for clean energy projects, exempting them from lengthy permitting, as well as set deadlines to approve rights of way for renewable energy projects. Such projects include previously studied activities at the same location within five years as well as small surface disturbances at sites that have been previously reviewed. The bill includes a legislative fix to address the negative impacts of the Rosemont decision for mining activities on federal lands, which is vital for permitting new critical minerals projects.
The judicial review provision shortens litigation timelines imposing a 150-day statute of limitations and sets a 180-day deadline for federal agencies to act on remanded authorizations.
The Department of Interior will be required to hold 1+ offshore oil and gas lease along with 1+ offshore wind lease sales per year from 2025-2029. By omitting the DOE corridor designation process, the transmission provision creates an applicant driven backstop siting process solely under FERC’s jurisdiction.
The Energy Permitting Reform Act of 2024 has the potential to significantly reduce the length of time required for energy projects to receive federal permits. By prioritizing projects with known outcomes and offering categorical exclusions for clean projects, the projects can be completed with the speed necessary to keep up with growing demand. New judicial review timelines will prevent lawsuits intended to slow down or block projects outright.
While the bill offers significant progress on permitting reform, it also leaves the door open for the opportunity for more aggressive judicial review. Imposing new restrictions on injunctive relief and elevating challenges to the appellate court level can address such gaps in the bill enabling a timely and efficient review process.
Sen. Joe Manchin (I-WV) and Sen. John Barrasso (R-WY)
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