Manchin permitting reform bill includes approval of Mountain Valley Pipeline

WASHINGTON – The energy permitting proposal that centrist Democrat U.S. Sen. Joe Manchin III made a condition of his support for the Inflation Reduction Act would impose timelines on federal agencies responsible for approving energy projects, according to the text of the measure released late Wednesday.

Congressional Democrats are deeply divided over the Manchin permitting bill, with some on the left worried it would remove tools for communities to oppose projects with major environmental impacts. The chairman of the House Natural Resources Committee, Rep. Raúl Grijalva of Arizona, blasted the Manchin plan on Wednesday night and said, “My colleagues and I don’t want this.”

A provision in the legislation to approve the Mountain Valley Pipeline in Virginia and Manchin’s home state of West Virginia also alienated Virginia Democratic Sen. Tim Kaine, who said he was not consulted and raised strong objections.

“I cannot support the Mountain Valley Pipeline-related provisions in this legislative text,” he said in a statement. “Over 100 miles of this pipeline are in Virginia, but I was not included in the discussions regarding the MVP provisions and therefore not given an opportunity to share Virginians’ concerns. In that sense, I stand in the same position as many of my constituents who have felt ignored along the way.”

Meanwhile, Oregon Democratic Sen. Jeff Merkley is leading a letter from Senate progressives urging separate votes on a must-pass stopgap spending measure and the permitting legislation, according to a Politico report.

Adding to problems, the top Senate Republican on the chamber’s spending committee told States Newsroom Wednesday afternoon that the inclusion of the permitting measure and other provisions may make the stopgap bill unworkable.

But Senate Democratic Leader Chuck Schumer has continued to say the Manchin plan will be included in the stopgap spending bill to keep the government open when the fiscal year ends Sept. 30.

Details on Manchin plan

The Manchin bill would not remove any federal permitting requirements.

Instead, it would prescribe timelines for federal agencies to complete their reviews, including a two-year target for National Environmental Policy Act reviews on major projects. Such reviews can take up to 10 years, Manchin has said.

The bill includes a section requiring federal agencies to approve the 303-mile Mountain Valley Pipeline, which has been partially constructed to send natural gas from West Virginia to southern Virginia, upsetting Kaine.

Federal climate deal could force completion of Mountain Valley Pipeline

The bill would also set a five-month limit on court challenges and require federal agencies to act within six months when a court remands a decision to them.

Manchin’s proposal would also designate a lead federal agency to coordinate project reviews. The lead agency would monitor requirements and deadlines set at the state level.

Manchin and other supporters of the measure have said it’s needed to deliver energy from renewable sources like wind and solar.

“If you’re going to build a wind farm or a solar farm in the middle of the desert where there’s no people … you’ve got to have permitting reform to get it done,” Manchin said Tuesday. “You’re not going to be able to deliver the energy that people need.”

American Clean Power Association Heather Zichal said that “as renewable energy projects become more prevalent … we must consider reasonable permitting reforms that preserve the substance of bedrock environmental laws while expediting the review process under them.”

But other environmental groups have already come out in opposition to the measure.

“Building a clean energy future that benefits all Americans cannot start by silencing frontline communities and eroding the laws that protect our access to clean air and water,” said Southern Environmental Law Center Director of Federal Affairs Nat Mund in a statement. “It’s absurd to suggest this deal, early versions of which were literally covered with fossil fuel lobbyists’ digital fingerprints, will do anything but exacerbate climate change at the expense of communities that depend on clean air and water that this proposal threatens.”

Progressive opposition

Members of Senate Democrats’ progressive wing have for weeks criticized potential permitting reforms, which they say would remove power from local communities seeking to challenge pipelines and other projects.

Merkley, the chairman of the Senate appropriations panel on Interior and environmental agencies, and Sens. Cory Booker of New Jersey, Tammy Duckworth of Illinois, Elizabeth Warren of Massachusetts and Bernie Sanders, a Vermont independent who caucuses with Democrats, all reportedly signed on to the letter calling for separate votes on the permitting bill and the stopgap bill — which would allow senators to stake out a clear position on the Manchin plan.

A spokeswoman for Merkley confirmed the Politico report but declined to comment further or provide a copy of the letter Wednesday.

“We are making clear we would like a separate vote — a separate debate and a separate vote — on the permitting process,” Warren told reporters Wednesday.

More than 70 House Democrats sent a similar letter to leaders of their caucus earlier this month.

Grijalva, who spearheaded House Democrats’ letter, issued a strong statement in opposition to the Manchin proposal.

The measure shortens public comment periods, provides fewer ways for communities to oppose projects and weakens enforcement of foundational environmental and public health laws, the Arizona Democrat said.

Federal court (again) overturns (another) Mountain Valley Pipeline permit

“These dangerous permitting shortcuts have been on industry wish lists for years,” he said. “And now they’ve added the Mountain Valley Pipeline approval as the rotten cherry on top of the pile. The very fact that this fossil fuel brainchild is being force-fed into must-pass government funding speaks to its unpopularity.”

Kaine, who recently reintroduced separate legislation with Virginia Democratic Sen. Mark Warner to increase public input and notification requirements for pipelines as well as clarify the circumstances under which eminent domain can be exercised, said he agreed “with the need to reform our broken process for permitting infrastructure” but disagreed with the congressional approval of the pipeline.

“Green-lighting the MVP is contrary to the spirit of permitting reform,” he said. “Such a deliberate action by Congress to put its thumb on the scale and simply approve this project while shutting down opportunities for full administrative or judicial review is at odds with the bipartisan desire to have a more transparent and workable permitting process.”

In a statement accompanying the bill announcement, Manchin repeated that Schumer, House Speaker Nancy Pelosi and the White House had all agreed to pass the legislation, which was part of a deal this summer to pass the Inflation Reduction Act.

The Democrats opposed to the bill have not threatened to vote against the combined measure and risk a government shutdown.

Spending bill pitfalls

With annual government funding set to expire at the end of the month, Congress is expected to consider very soon a short-term bill to keep the government open for the coming months.

Alabama Sen. Richard Shelby, the top Republican on the Senate Appropriations Committee, said he and fellow GOP lawmakers may filibuster the short-term government funding bill — which would need Republican support to pass — if Democrats add too many additional provisions.

That means they would not supply the 10 Republican votes needed for any legislation to advance in the evenly divided Senate.

“What could be telling would be when Schumer puts the legislation on the floor and there’s a motion to proceed, subject to debate, subject to 60 votes — that vote will be indicative of maybe things to come if he’s loaded it up with extraneous things,” Shelby said. “It probably won’t carry that well.”

When asked about Manchin’s permitting reform bill, which at that point had not been made public, and Schumer’s commitment to add it to the must-pass government funding bill, Shelby said, “I think it’s going to be hard to carry that.”

“We haven’t seen the language of it,” he said. “But it’s a raw political deal.”

by Jacob Fischler, Virginia Mercury

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