Permitting Reform Is Needed Now More than Ever

America’s outdated permitting process is delaying critical infrastructure projects, driving up costs, and creating uncertainty for families and businesses. From energy systems that power homes and industries to roads and broadband that connect communities, these projects are essential for improving quality of life—lowering energy costs, enhancing reliability, and ensuring access to modern conveniences.  Congress and the Administration must work together to modernize the permitting system to secure an affordable, modern future that meets America’s growing needs. 

When policymakers discuss permitting reform, they often talk about shortening and streamlining the process and reducing the paperwork requirements. These are certainly critical elements of reform as permits in recent years have required builders to submit tens of thousands of pages of information, and it has often taken longer to permit a project than to build one. 

An overlooked, but equally critical element of reform, is permit certainty. Once the government has given the greenlight to build something, the builder shouldn't have to worry that five years later, amid construction, their permit will suddenly be challenged in court, or a new administration will arbitrarily rescind the permit. Unfortunately, those are very real worries today. 

The default statute of limitations to challenge a federal permit is currently six years, creating a cloud of uncertainty over projects long after they have successfully navigated the permitting gauntlet. A change in an administration has also brought approved projects to a halt. This was the case when the Biden Administration overturned permits granted by the first Trump Administration for the Keystone XL Pipeline and an Alaska critical minerals project known as Ambler Road. It is also the case now with the Department of Interior’s recent pause on five large offshore wind projects that were previously permitted, under construction and, in some cases, nearly completed. America would be more secure and more prosperous with the oil that should be flowing through the Keystone XL pipeline, the critical minerals that should be mined in Alaska, and the electrons that should be produced by these new energy assets. 

Congress can help address these problems by establishing a “safe harbor” for projects that have acquired all necessary permits. This would protect fully approved projects from being paused or stopped by new legal challenges or shifting priorities, ensuring stability and predictability for developers and delivering infrastructure projects that benefit communities across America. While Congress works to make these permanent improvements, we urge the Department of the Interior, the Pentagon, and other relevant agencies to promptly review and resolve any potential concerns with currently paused offshore wind projects so that they can complete construction and begin producing electricity. 

Permitting Reform Today, for a Better Tomorrow 

Permitting reform is a national priority and delaying action is no longer an option. Congress must seize this opportunity to enact meaningful, bipartisan permitting reform that delivers the infrastructure our nation urgently needs. Lower energy costs, improved reliability, and timely access to modern infrastructure are all at stake. Legislative reforms will help us build the infrastructure of the future—faster, smarter, and more responsibly—while ensuring that America remains a global leader in innovation, competitiveness, and economic prosperity. Let’s get to work. 

Major Initiative:

Permit America to Build

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About the author

Martin Durbin

Martin (Marty) Durbin is president of the U.S. Chamber of Commerce’s Global Energy Institute (GEI). Durbin leads GEI’s efforts to build support for meaningful energy action through policy development, education, and advocacy, making it a go-to voice for commonsense energy solutions.

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