Lawmakers on Thursday continued to work toward a deal on energy permitting and a broad natural resources bill package as leaders prepare to bring the 118th Congress to a close.
House Speaker Mike Johnson (R-La.) is eager to release legislation by Sunday to prevent a government shutdown and refill federal disaster coffers. It would be the last vehicle for other priorities to ride on.
Senate Energy and Natural Resources Chair Joe Manchin (I-W.Va.) may be closer than he’s ever been to striking a permitting deal — but time has all but run out.
On Thursday afternoon, Manchin and two key senators — Environment and Public Works Chair Tom Carper (D-Del.) and John Hickenlooper (D-Colo.) — sat down with House Natural Resources Chair Bruce Westerman (R-Ark.) and Rep. Garret Graves (R-La.) to talk potential changes to the National Environmental Policy Act.
But Carper stormed out of the meeting after about 30 minutes, POLITICO reported. In a statement afterward, the Democrat, who is retiring, expressed frustration, saying Republicans were asking for too much.
“House Republicans are showing their true colors: that their measure of success is not strong NEPA reforms — in fact, their measure of success is simply how many words match H.R. 1,” Carper said, referring to the House GOP’s big energy bill from last year.
Manchin and ENR ranking member John Barrasso’s (R-Wyo.) “Energy Permitting Reform Act” S. 4753 — which passed committee earlier this year — would make it easier to accelerate approvals for all kinds of energy projects, but it doesn’t include changes to NEPA. That’s a must for House Republicans.
Carper’s role in recent weeks has been to work with the House GOP to see what’s acceptable for both sides. From his statement, those talks are on the rocks.
“I have continued to push for permitting reform throughout this Congress, and I want to reach a deal,” said Carper, who claimed to support concessions like limiting lawsuits and giving states more power.
Republicans had a rosier take on the sit-down, which continued after Carper left. In a statement Thursday evening, Westerman claimed to still be “working in good faith.”
“We must get this right and are still working on a handful of issues that could unlock a deal,” he said. “Any American who wants to see the country prosper wants to see permitting reform get done.”
Even though Republicans will control the White House and both chambers of Congress next year, it’s unclear how many NEPA changes they’ll be able to pass through the budget reconciliation process, which allows the majority party to bypass the Senate filibuster on spending-related issues.
Many Democrats have been skeptical of pro-fossil-fuel provisions in the Manchin-Barrasso bill. But at least some of those concerns may be moot because of Donald Trump’s return. Plus, Democrats have been eager to secure grid upgrades to achieve their clean energy goals.
“House Republicans are letting their perfect be the enemy of the good, and they will not get a better deal next Congress,” Carper said.
Permitting working group
Reps. Andrew Garbarino (R-N.Y.) and Chrissy Houlahan (D-Pa.), the co-chairs of the House Bipartisan Climate Solutions Caucus — feeling pessimistic about the prospects of a permitting deal in the lame duck — were discussing how their group could fill the dealmaking void.
Garbarino told E&E News that he and Houlahan plan to establish a “permitting reform working group” to help reach a deal on “permitting reform and transmission.”
While the details are still being worked out, Garbarino said that maybe it would be comprised of “two Republicans, two Democrats” who are members of the caucus.
“We were hoping something would happen on permitting reform, but it doesn’t seem like that’s going to happen,” Garbarino said, “so we’re looking to get something early next year on that because that can’t be in reconciliation, but we know everyone still wants to do it.”
Houlahan said, “I wish it could get done in the waning days of this congress because I think it has more likelihood to get done now than it will in the new Congress, and the reason why I think that’s the case is because the Republicans plan to put it into some of the reconciliation bills, which I think is a bad idea. … If it gets bogged down by other political stuff, it just will likely not happen again.”
‘Isn’t even realistic’
While Manchin continued to work toward a deal on permitting, he was also was looking to secure significant action on public lands and other natural resources bills.
The West Virginia independent objected this week to quick passage of legislation to make the Hawaiian town of Lahaina a national heritage area to help it recover from devastating wildfires, arguing that allowing the measure to pass separately would hurt chances for moving a larger lands package of more than 100 bills over the finish line. He also blocked a Nebraska lands bill.
“Trying to accommodate everybody, ’cause there’s a lot of desire and a lot of need there,” Manchin said Thursday. “I can’t tell you where that is. Right now the staff are working on it.”
But Sen. Deb Fischer of Nebraska, wanting her lands bill made into law, scoffed at Manchin’s promises. “That isn’t even realistic at this point in time,” she said.
Other bills under discussion include S.373, the “Reinvesting In Shoreline Economies and Ecosystems (RISEE) Act,” to address offshore wind and drilling revenue sharing. Co-sponsor Sen. Sheldon Whitehouse (D-R.I.) said, “It’s still in the mix.” Recreation legislation is also in play.
“I don’t think the bills are controversial. I think they’ll all be good for the country,” King said. “I hope we’re going to be able to pull it off.”
Mazie Hirono (D-Hawaii), sponsor of the Lahaina bill, said of Manchin’s plan: “If he can pull it together, I’d be the first to congratulate him. You should ask him whether that’s actually gonna happen. He’ll probably say that hope springs eternal, I don’t know.”
