This Might Be the Last Chance for Permitting Reform

So … is the permitting reform bill any good or not?

Earlier this year, Senators Joe Manchin of West Virginia and John Barrasso of Wyoming proposed a bill that would change federal environmental rules so as to spur a buildout of new energy infrastructure around the country.

Their proposal would have loosened rules for oil and gas drilling and exporting while changing federal law to encourage the construction of more clean energy.

These renewables-friendly changes included creating a new legal regime that would push utilities and grid operators to build significantly more long-distance power lines, triggering a nationwide boost to renewable resources. They would also have changed the regulations governing geothermal power generation, allowing new enhanced geothermal wells to play by the same federal rules that bind oil and gas.

The legislation was announced in July and then … nothing happened.

Now it seems likely to come back. Congress is eyeing its final agenda items for the year, and permitting reform is one of them. Representative Bruce Westerman, a Republican who chairs the House Committee on Natural Resources, is currently said to be revamping Manchin and Barrasso’s proposal to include reforms to the National Environmental Policy Act, a bedrock law that guides the process — but not the outcome — of virtually every major decision that the federal government makes and requires it to study the environmental impact of its policies.

We don’t know what those changes will look like yet, though they’ll have to come soon — the new Congress gets sworn in in just a few weeks. Which means lawmakers will have to get the proposed changes, process them, and decide whether to vote for them in a very short period of time — just a few days.

So during this liminal period, then, I wanted to take a moment to look at the other parts of the bill. Earlier this year, we got a sense of what the bill’s quantitative effects might be. They suggest that the legislation — at least in the initial version proposed by Manchin and Barrasso — could very well help cut U.S. emissions, or at least leave them flat. But after that? It starts to get complicated.

Why permitting reform is even happening

Republicans have long pushed for changes to the federal government’s permitting regime.

But in recent years, Democrats — who hope to prompt a national surge of clean energy construction — have come aboard too. The Biden administration, frustrated that some parts of the Inflation Reduction Act and Bipartisan Infrastructure Law haven’t resulted in the large-scale projects they hoped for, has come to back permitting reform explicitly, although they have not endorsed Manchin and Barrasso’s bill.

“The president has been clear … that we believe permitting reform should pass on a bipartisan basis — and that we believe permitting needs to be optimized for building out a clean energy economy,” John Podesta, a White House senior advisor who is now the country’s top climate diplomat, said in a speech last year.

The White House’s support of bipartisan permitting reform is more than just posturing: Because of Senate math, any changes to the country’s permitting laws almost certainly must be bipartisan. Until a bare majority of Democratic senators exists to kill the legislative filibuster, it will take a vote of at least 60 senators — a so-called supermajority — to alter most pre-existing federal legislation.

So the question, then, is: Is this attempt at permitting reform worth passing? Is this package of fossil fuel concessions and clean energy incentives likely to reduce emissions more than it increases them?

I won’t try to answer that question comprehensively today, and we can’t even answer it fully until we know the scope of Westerman’s changes. But I do want to share an analysis from the center-left think tank Third Way and other researchers that suggests that the answer is “yes.”

This analysis, released in September, argues that Manchin and Barrasso’s bill would modestly increase emissions by encouraging more oil and gas drilling on federal lands. But that increase would likely be dwarfed by a large decrease in emissions prompted by building out the country’s electricity transmission grid.

More specifically, it finds that while the pro-fossil fuel provisions could raise global climate pollution by as much as 6.1 billion metric tons by 2050, the bill’s support for transmission could cut emissions by as much as 15.7 billion metric tons in that time (although the final number, as you’ll see, is a very high end estimate). That’s because, as I’ve written before, building the grid will allow for more renewable, geothermal, and other forms of zero-carbon electricity generation to get built. And the country can only reduce emissions by building more zero-carbon electricity.

Some of those emissions increases from oil and gas are now likely to occur whether or not the bill passes — the Trump administration will encourage fossil fuel extraction and export far beyond what a Harris administration would have done.

But even in a more conservative scenario, the transmission provisions would still cut emissions by 6.5 billion metric tons by 2050, Third Way’s synthesis says. That would mean — when compared to the pro-fossil policies — that the bill has a much more modest effect overall, cutting emissions by just over 400 million tons through 2050.

These aren’t the only numbers out there. An analysis by Jeremy Symons, the former vice president of public affairs at the Environmental Defense Fund, argues that the bill’s loosening of some Biden-era restrictions on liquified natural gas export terminals will result in a tremendous LNG boom. He asserts that the bill’s LNG provisions could increase global emissions by 8.5 to 11 gigatons; his analysis, however, draws heavily from a controversial, initially erroneous, and now updated study from the Cornell ecologist Robert Howarth that contends American natural gas is far worse for the climate than coal.

Third Way did not include Symons’ study in its analysis. Instead, it cites a different study led by the Princeton professor Jesse Jenkins (with whom I cohost Heatmap’s Shift Key podcast) that uses natural-gas emissions estimates more in line with the broader scholarly literature. That modeling study indicates that the LNG provisions in the Manchin-Barrasso bill could increase emissions by as much as 3.3 gigatons — or decrease them by 2.4 gigatons.

I’m not going to get more into the LNG question in this story. And it’s somewhat less important than it was earlier this year because Trump administration is likely to approve as many LNG export terminals as it can. (That doesn’t mean those terminals will get built: Right now, a dozen LNG terminals have been approved but not built due to a lack of global demand for more LNG.) Instead, I want to dive into two specific provisions in the bill — on oil and gas leasing and transmission — that reveal the broader challenges of trying to speak concretely about this proposal.

Transmission

By far the most climate-friendly provisions in EPRA concern its support of long-distance electricity transmission. As I’ve covered before, the lack of electricity transmission is now one of the biggest barriers to building new wind, solar, and other clean energy in the United States; the construction of new wind farms, in particular, seems to be slowing down because of a lack of available power lines to carry their electrons.

Manchin and Barrasso’s proposal aims to build more transmission largely by granting new powers to the Federal Energy Regulatory Commission, the independent agency that oversees the country’s power grids. EPRA would, for instance, allow FERC to step in and approve transmission lines that are “in the national interest” if a state has not acted on a given project within a year. The law also clarifies who should pay for a new power line, encoding the idea that customers who benefit from a line should pay for it. And it lets FERC approve payments from developers to the communities where new transmission infrastructure gets built, potentially smoothing approvals at the local level.

The bill also instructs FERC to write a rule that will require each part of the country to build a minimal amount of power lines that allow regions to exchange power with their neighbors. This measure — meant to spur new “interregional” transmission infrastructure — aims to knit the national grid more closely together and lower power costs on average.

How much would these policies reduce national emissions? The truth is, that’s extremely difficult to model. “There’s nothing in the EPRA that says, Thou shalt build this much transmission,” Charles Teplin, a grid expert at the think tank RMI, told me.

Instead, the bill aims to kick off a process that will result in more transmission getting built. That transmission should — in theory — bring more renewables online. But what will the size of that buildout be, and how many emissions will those renewables displace?

Answering these questions requires, again, estimating the uncertain. To come up with a reasonable, conservative figure to represent the amount of regional transmission that might get built under the new FERC process, they looked at what happened when a similar process was overseen by the Midwest’s grid. Then they rounded down that figure significantly.

Teplin and his colleagues also assumed that some big power lines that have already been proposed nationwide — roughly 15 gigawatts, to be exact — will get completed faster because of these new laws, so their analysis starts to bring them online by 2029. One only need look at the nearly two-decade saga of SunZia, a large power line that crosses New Mexico and Arizona, to see how long it can take to finish those projects today.

Under those assumptions, the law should more than double the rate of America’s transmission buildout, Teplin and his team estimated. Right now, the country builds perhaps 1 gigawatt of new transmission lines every year; under their assumptions, that would leap to 2 to 4 gigawatts a year.

So how many emissions would these new lines avoid? Using a report published by Grid Strategies, a power sector consulting firm that advocates for more transmission, Teplin and his colleagues estimate that each “gigawatt-mile” of new transmission will let operators add about 32 gigawatts of solar and wind to the grid each year. (This suggests that, most of the time, the lines would run at about 30% of capacity.)

Finally, the team assumed that electricity from these new renewable projects will replace power from natural gas plants. That, too, is an approximation: Some of those new wind and solar farms will drive out coal plants; others might replace non-emitting resources like nuclear or hydroelectric dams; but in general they will reduce gas burning.

When you put all those figures together, RMI’s analysis suggests that the legislation could build roughly twice as much new clean energy generation by 2050 as exists in all fossil-fuel power plants today. These new resources would help avoid about 6.5 gigatons of greenhouse gas emissions by the middle of the century.

That may seem like a big number — but Third Way was actually able to reach an even larger estimate. Teplin and his team didn’t try to differentiate, for instance, between the effects of a recent FERC order, which requires utilities to build more transmission within regions, and the proposed Manchin-Barrasso bill, which shores up the legality of that FERC order and would also induce utilities to build more power lines between regions. Some legal experts argue that the recent FERC order will be on shaky ground if the Manchin-Barrasso bill doesn’t pass; others say it’s stable enough as-is.

If you assume that courts will kill the FERC order unless Congress acts, then that should raise your estimate of what Manchin-Barrasso might do. That’s essentially what Third Way did — by giving the bill more credit for the resulting regional transmission buildout, they say that its carbon upside could be as large as 15.7 gigatons over the next 25 years. I’m not sure I would be that aggressive, but I think the transmission provisions would likely initiate a big buildout of renewables.

Oil and gas leasing

The Manchin-Barrasso bill contains a number of provisions that aim to increase the leasing of federal land for oil and gas drilling. One set requires that the Interior Department must offer a minimum amount of acres every year for oil and gas leasing. It also says that the land offered must be land that oil and gas companies actually want to lease.

This would address one of Republicans’ biggest objections to how the Biden administration has handled oil and gas extraction on federally owned land. As part of the Inflation Reduction Act, Manchin required that the government offer a minimum amount of oil and gas acreage for every acre of public land it leased to wind and solar developers. But Republicans have accused the Biden administration of getting around this rule by, in essence, offering useless or otherwise undesirable land.

(This concession, I should add, is now essentially moot until 2029, as the Trump administration will hasten to nominate the parcels that oil and gas companies are most excited to drill on. But it could bind a future Democratic administration, requiring them to offer good parcels for oil and gas leasing at the same time that they offer federal land for renewable development.)

The bill would also change some of the rules around the drilling allowed on the borders of federally owned land. Under the Manchin-Barrasso bill, companies could drill a vertical well on privately owned land, then extend it horizontally underground into federal land to extract oil or gas.

These provisions, too, are difficult to model. Much like the transmission proposal, they won’t lead to a guaranteed amount of drilling (although they will essentially produce a minimum amount of fossil fuel leasing). Nor will they substantially change the drilling that happens under Donald Trump or a future Republican president because any fossil fuel-loving administration is already free to go much further than these provisions would require them to.

To estimate the emissions impact of these provisions, the think tank Resources for the Future first tried to draw some error bars around their analysis. As a worst-case scenario, analysts modeled what would happen if the onshore drilling that happened during the Trump administration occurred every year from 2025 to 2050. Under this “Trump forever” scenario, emissions increase about 2.1 gigatons from 2025 to 2050. Under a less dire scenario, they would increase by about 0.6 gigatons during the same period.

These estimates almost certainly exceed what EPRA would actually do, Kevin Rennert, the director of RFF’s federal climate policy initiative, told me.

“None of the provisions would require the levels of leasing that we’re analyzing in the high-leasing scenario,” he said. “It’s clear [that the model is] a high upper bound on what EPRA itself would drive.” The provisions in the Manchin-Barrasso bill, in other words, are aimed much more at putting a floor under a future Democratic administration than they are raising a ceiling for a future Republican administration.

(Over all these discussions hangs a curious question about drilling for oil and gas on public land: How important is it, really? But that’s a question for another time.)

What political bet would you make?

How you feel about this reform effort ultimately depends on how you feel about gambling. Is it worth hamstringing a future Democratic president’s ability to hem in oil production in exchange for unleashing a wave of new transmission under the Trump administration? How much do you weigh building more renewables versus selling more fossil fuels to the world?

Trump’s victory last month also changes the calculus. His administration will increase onshore oil and gas leasing regardless of whether this bill passes or not. He will stop the Energy Department’s effort to slow down the construction of LNG terminals and approve a new wave of projects. All of the bill’s support for fossil fuels, in other words, would be moot — Trump will do that stuff anyway. So the question becomes whether the bill’s support for new transmission infrastructure 1) actually builds new power lines, and 2) provides a useful tailwind for renewables and clean energy during what would otherwise be a difficult four years.

You can go in almost endless loops through the politics here. Given Trump’s antipathy toward renewables, why should we expect his administration to allow a transmission buildout in the first place, regardless of what Congress says? In which case, maybe the bill isn’t worth it. But on the other hand, maybe it is — since Trump’s going to do everything he can to juice fossil fuels and fight renewables, why not pass the bill and give power system regulators in blue and purple states an extra tool to juice clean energy construction? And hey, given Trump’s friendliness toward the AI boom, maybe he’ll wind up having to build more transmission just to service data centers.

We can’t make that political call quite yet. Until we know exactly how Westerman’s addition to the legislation would change NEPA, it’s hard to say where lawmakers should come down. But what’s clear is that this may be Congress’s last chance to deal with permitting reform for a while. Next year, the Republican majority is likely to be focused on tax cuts, and it’s not even clear that the reconciliation process would allow for changing permitting law. “We’re pretty pessimistic that you could include anything on permitting or transmission or any of these other things in the reconciliation process,” Devin Hartman, a policy director at the center-right think tank the R Street Institute, told Heatmap this week.

So this is it for permitting reform — it’s now or never for this set of changes. In a year full of surprises for climate and environmental law, we may yet get one more.

Jael Holzman contributed reporting.

Editor’s note: This story has been updated to correct the magnitude of emissions reductions from the Manchin-Barrasso bill found in Third Way’s analysis.