Debt limit deal moves pipeline, tweaks rules
WASHINGTON — Despite weeks of negotiations, the White House and House Republicans were unable to reach a comprehensive agreement to overhaul environmental regulations and streamline federal permitting as part of their debt ceiling deal, instead settling for limited changes that could simplify and expedite some project reviews.
The legislation, approved late Wednesday by the House, includes provisions to speed up infrastructure projects under the landmark National Environmental Policy Act, or NEPA. However, it does not clear the way to build large-scale electricity transmission lines, instead ordering a two-year study of the issue.
One project got special treatment: the legislation essentially ensures construction of the long-delayed Mountain Valley Pipeline, a $6.6 billion project to transport natural gas through Appalachia. The White House supported the plan over the objections of environmentalists and some Democrats as a concession to Sen. Joe Manchin, a West Virginia Democrat who was a key vote for last year’s sweeping legislation that included deep investments in climate programs.
Elizabeth Gore, senior vice president for political affairs at the Environmental Defense Fund, said “the deal makes it marginally easier to build clean energy projects, but more
needs to be done to accelerate this transition and protect communities from environmental harms.”
Even the limited provisions in the budget deal represent the first significant changes to NEPA in nearly four decades. They would designate one federal agency to develop and schedule environmental reviews for each project, and they would shorten the time frame on environmental assessments.
Agencies would be given one year to complete most reviews, and projects deemed to have complex impacts on the environment must be reviewed within two years. The White House described the legislation as making improvements to the permitting process while leaving core protections intact.
However, some environmentalists swiftly criticized the agreement. Jean Su, energy justice program director at the Center for Biological Diversity, argued that the legislation would allow more projects
to evade stringent scrutiny and limit the public’s ability to provide input on pipelines and other fossil fuel projects.
“Republicans got exactly what they wanted,” she said. “There is a severe rollback of our environmental reviews.”
Rep. Garret Graves, a Louisiana Republican who was part of the negotiating team, said House Speaker Kevin Mccarthy made a commitment to Biden to continue discussions on pipelines and transmission, “but that is going to be a holistic discussion.”
House Majority Leader Steve Scalise, another Republican from Louisiana, said the budget deal will help limit the ability of outside groups to repeatedly sue to stop or delay needed projects.
“So many people are bogged down in the permitting process and have been begging Congress for help,” he said. “This bill gives real relief.”
The decision to single out the Mountain Valley Pipeline frustrated Democrats and environmentalists who either oppose the project or didn’t want to short-circuit the permitting process. Although much of the construction has been finished, it’s been entangled in lawsuits and environmental reviews.
Sen. Tim Kaine, a Virginia Democrat, said the project’s inclusion in the budget deal was “slimy.” Kaine introduced an infrastructure amendment Thursday to remove the pipeline from the legislation.
“It shouldn’t be members of Congress putting their thumb on the scale,” he said.
Manchin said the White House, from “the president on down,” understands the importance of the Mountain Valley Pipeline.
“They all recognize we have to have more energy. We have to have more natural gas in the mix,’’ Manchin told West Virginia radio host Hoppy Kercheval.
The pipeline “was going to move forward with or without this bill,” White House press secretary Karine Jean-pierre said Tuesday.