The U.S. House of Representatives passed the SPEED Act in a vote of 221 to 196, with just 11 Democrats crossing the aisle to support the Republican-backed infrastructure permitting legislation.
House Natural Resources Committee Chair Bruce Westerman (R-Ark.) and Rep. Jared Golden (D-Maine) were the two main sponsors of the bill, which would speed up reviews under the National Environmental Policy Act (NEPA) and limit the time and opportunities for lawsuits.
“The passage of the SPEED Act is a win for America,” Westerman said in a statement. “For too long, America’s broken permitting process has stifled economic growth and innovation. To build the infrastructure needed to deliver affordable energy to American families and defend against 21st-century threats, we must fix this process. The SPEED Act will encourage investment, bring certainty to permitting, end abusive litigation and allow America to build again.”
The bill would streamline the analysis required in NEPA documents, reducing the burden on developers, and would clarify when a NEPA review was triggered by defining “major federal action.” It would establish a 150-day limit for any lawsuits on NEPA decisions.
More than 11 House Democrats had expressed interest in permitting changes, but many in the end were unsatisfied with the bill and voted against it. Rep. Scott Peters (D-Calif.) spearheaded a letter signed by 30 Democrats seeking some changes from the committee version of the bill to win their support, which did not happen.
“The environmental laws of the 1970s were designed to stop projects. The environmental imperative of today is to build,” Peters said in a statement. “That’s why I support permitting reform and why reforming NEPA is necessary if America is going to remain competitive.”
Peters said he hopes the Senate can craft “truly bipartisan solutions that can become law” and explained what he and his colleagues want changed to win their support.
“We emphasized that projects that comply with the law must be protected from political interference, that courts should have a targeted role to ensure decisions are based on accurate analysis, and that local stakeholders should continue to have meaningful input early in the process,” he said. “We also highlighted the need to avoid provisions that could backfire, delay projects or reduce the quality of environmental reviews. Our goal is simple: a permitting process that is efficient, predictable and fair for investors, communities and the environment alike.”
In the end, conservative Republicans won out and changed the SPEED Act so that even if it becomes law, President Donald Trump will be able to pull previously approved permits for offshore wind, while the version passed by the Natural Resources Committee would have prevented such a move for all kinds of permitted projects. (See Permitting Bill Runs into Difficulty Involving Offshore Wind.)
‘Undermining the Intent’
The change on offshore wind led to the American Clean Power Association withdrawing its support for the SPEED Act and calling for the Senate to pass technology-neutral permitting reform.
The Edison Electric Institute (EEI) welcomed passage as an important first step in cutting red tape.
“At a time of unprecedented electricity demand, our outdated permitting processes can no longer stand in the way of unleashing American energy dominance,” EEI CEO Drew Maloney said in a statement. “We value Chairman Westerman’s leadership and urge the Senate to take the next step on this commonsense legislation that will help provide relief for customers and support the energy infrastructure that powers the American economy.”
EEI also will work to make the permitting system more predictable and durable for all forms of energy as the legislative process continues, he added.
Electric transmission trade group Grid Action also welcomed passage as demonstrating momentum for permitting legislation, Executive Director Christina Hayes said.
“Modernizing permitting is essential, but today’s economy demands more than a faster status quo,” Hayes said. “With electricity demand surging from AI, data centers and new manufacturing, we need permitting reform to strengthen transmission as the missing link needed to achieve a more affordable, reliable grid. As the bill heads to the Senate, Congress must further strengthen siting and permitting reform to reduce the cost of development and, in turn, lower costs for customers.”
Offshore wind group Oceantic Network has said it would welcome permitting changes, but Senior Vice President Sam Salustro decried the late amendment.
“Oceantic is disappointed in the late inclusion of an amendment which is discriminatory toward renewable energy, inviting additional, harmful actions while undermining the intent for tech neutrality and universal permitting certainty,” Salustro said in a statement. “We encourage senators on both sides of the aisle to restore the heart of bipartisan permitting reform and ensure that all American energy sectors are treated equally so all forms of much-needed power reach the grid, lower costs for ratepayers and create jobs.”
