Biden’s Climate Law’s Big Flaw Worsened by Dems
TL/DR –
President Joe Biden’s climate bill is being held back by a lack of comprehensive permitting reform, which allows environmental lawsuits to impede green energy projects subsidized by the legislation. The Inflation Reduction Act (IRA) provided funds for green energy projects but did not include significant reform to the permitting process that would expedite construction and protect from environmental legal challenges. The absence of reform has left green energy developments vulnerable to legal challenges by environmental groups, thereby hindering the implementation of the IRA.
President Biden’s Climate Bill Held Back by Permits and Lawsuits
The Inflation Reduction Act (IRA), a cornerstone of President Biden’s climate policy, is being marred by a lack of permitting reform, leading to environmentalist lawsuits that obstruct green energy projects. The IRA contains billions of dollars for subsidized green energy projects nationwide. However, the absence of substantial reform to expedite construction timelines and insulation from legal challenges threatens the implementation of the bill.
Once solar and wind developments are constructed, they need to be linked to the grid via transmission lines. This process could be streamlined with permitting reform, also providing developers additional protection against environmental lawsuits. This reform is still pending, largely due to Congressional Democrats’ inability to agree on a course of action to offset Republican proposals, according to E&E News.
Noted energy policy expert, Isaac Orr, said, “Not having any transmission reform is a huge barrier to implementing the IRA… It’s a physical reality that you need the transmission to incorporate all this new capacity on the grid.” The lack of reform leaves green energy projects vulnerable to legal challenges by environmental groups, who often use similar strategies employed by opponents of fossil fuel infrastructure.
For instance, tribes and environmental organizations are suing to block a $10 billion transmission project in Arizona. Other coalitions allege violations of environmental laws by offshore wind developers in Virginia and Massachusetts. Conservation groups are suing to halt Wisconsin’s Cardinal-Hickory Creek transmission line.
Erik Milito, the president of the National Ocean Industries Association (NOIA) said, “A robust U.S. offshore wind market relies on confidence and certainty in the permitting and regulatory process, which is essential for fostering growth and ensuring the success of these projects.”
Meanwhile, Democratic Senator Joe Manchin is advocating for comprehensive permitting reform, pushing for legislation to expedite the permitting process and curtail opportunities for litigation to obstruct energy projects. However, despite having no fewer than ten different permitting-related bills in Congress, progress in streamlining the permitting process is slow, according to Utility Dive.
Republican strategist Mike McKenna noted, “All of these things, the Clean Water Act, the way the National Environmental Policy Act is now run … you can’t get anything built because of these statutes…”
The White House and the Department of Energy have not responded to requests for comments.
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