Time to Fix America’s Permitting Problems and Let America Build
America’s permitting system is not just slow and costly; it is a threat to our economic and energy security. Long delays, unpredictable reviews and escalating costs create investment uncertainty and lost opportunities. Projects across sectors take an average of four to five years to move through the permitting system, and delays cost $100-140 billion a year in the form of jobs, revenue and capital returns. We cannot meet rising energy demand and compete globally with a system that stands in the way of progress.
If the U.S. is to lead in the AI-driven future, catalyze American manufacturing and keep energy costs low, we need to build more of everything and strengthen the energy system to deliver affordable, reliable and secure power.
Weighted Average Permitting Time for Projects Varies by Sector

Source: BLM NEPA National Register; Breakthrough Institute; Columbia University; USFS NEPA Database; Council on Environmental Quality; EIS Length Database; Federal Permitting Dashboard; Federal Permitting Improvement Steering Council: Baseline Performance Schedules; Federal Register: Section 404 Permits; Government Accountability Office; Federal Energy Regulatory Commission; NOAA: EFH Consultation; PNAS; Stanford University; University of Utah; McKinsey & Company
The 119th Congress has an opportunity to deliver bipartisan permitting reform that will let America build. Here are four solutions:
1. Modernize NEPA
Building in America should always require careful consideration of a project’s impacts on the environment. The National Environmental Policy Act (NEPA) was signed into law in 1970 to ensure this is done and needs to be updated to meet today’s energy realities. NEPA is a procedural statute to inform decision-making, not dictate outcomes. The May 2025 Seven County Supreme Court case reaffirmed this and importantly clarified both the scope and limits of agency discretion in the NEPA process. In the 2023 Fiscal Responsibility Act, Congress made a down payment to refocus NEPA reviews. It is time to build on those bipartisan NEPA reforms.
Modernizing NEPA should:
- Streamline the review process without weakening environmental standards.
- Clarify the scope of reviews to focus on significant impacts.
- Eliminate duplicative analyses across agencies.
2. Address NEPA Litigation
NEPA litigation rarely changes outcomes, but it does often delay or kill projects. A July 2025 Breakthrough Institute study found federal agencies win 74% of NEPA cases. By repeatedly filing lawsuits, project opponents aim to delay the process until developers run out of funding and abandon their projects. This chills investor confidence and can be a hurdle to building new energy assets like geothermal, hydropower, transmission lines and critical mineral enterprises. These lawsuits also drain federal agency resources, as agencies try to preempt lawsuits by making their documentation “litigation proof.” To increase predictability and halt harmful delay tactics, we need to reform NEPA judicial review and litigation practices.
Reforming NEPA judicial review and litigation practices will:
- Limit legal challenges to clear and material violations of environmental or natural resources laws.
- Shorten the statute of limitations for NEPA lawsuits from six years to a more reasonable period.
- Establish strict tests and firm timelines for courts to resolve NEPA-related disputes.
- Require litigants to have participated in the public comment process before filing suit.
In addition to addressing NEPA, Congress could further improve the permitting process by updating environmental regulations, like the Clean Water Act, and expanding categorical exclusions where appropriate.
3. Increase Transparency
A modern permitting system should have public, real-time data on the status of environmental reviews and permits to increase certainty and transparency for all stakeholders. Today, missing, fragmented and outdated data makes navigating the permitting process harder for developers, agencies and the public. By increasing transparency, all stakeholders have better visibility into the process and drive efficiency.
Increasing transparency includes:
- Requiring federal agencies to use digital tools for the process.
- Developing standardized data for all federal permits.
- Creating a centralized portal that serves as a one-stop-shop for information on reviews and authorizations.
- Leveraging innovative technologies to allow for more automation and interoperability.
4. Fix the Grid
Fixing permitting alone is not enough. We must let American energy move. With demand for power increasing, we need to strengthen our grid and do it fast. To fix the grid, America should:
- Leverage Innovation: Deploy new technologies, including advanced conductors, dynamic line ratings, topology optimization and advanced power flow controllers, to get the most out of the existing grid. Support technology derisking with strategic incentives and shared information resources.
- Speed Up Interconnection: Optimize the use of existing interconnection capacity; leverage cost-effective upgrades; and modernize interconnection queues.
- Build More Transmission: Every energy source relies on transmission. Streamline the federal permitting processes, reduce litigation risks, make it easier for States to collaborate on transmission development, modernize federal authority to provide backstop siting authority, provide optional pathways for federal siting and establish interregional planning requirements.
There are bills in Congress that capture many of the ideas described above and that can help us meet the challenges we face. These bills include:
- The Standardizing Permitting and Expediting Economic Development or SPEED Act (H.R. 4776), championed by House Natural Resources Committee Chairman Bruce Westerman (R-AR) and Rep. Jared Golden (D-ME) addresses the scope of NEPA and litigation risk.
- The ePERMIT Act (H.R. 4503), introduced by Reps. Dusty Johnson (R-SD) and Scott Peters (D-CA), establishes a framework for federal agencies to implement a digital permitting system, leverage technology and launch a centralized online portal.
- The Guaranteeing Reliability through the Interconnection of Dispatchable Power Act or GRID Power Act (H.R. 1047), introduced by Rep. Troy Balderson (R-OH), requires FERC to authorize transmission providers to prioritize dispatchable power projects in the interconnection queue that can address grid reliability. H.R.1047 passed the House in September 2025 on a bipartisan basis. The Senate version of the bill is S. 465, which was introduced by Sens. John Hoeven (R-ND) and Todd Young (R-IN).
- The Streamlining Powerlines Essential to Electric Demand and Reliability Act of 2025 or SPEED and Reliability Act (H.R. 5600), championed by Reps. Andy Barr (R-KY) and Scott Peters (D-CA), addresses the backstop siting of transmission lines in the national interest and create certainty for cost-allocation.
It’s time to let America build and let American energy move. With bipartisan reforms, Congress can design a permitting system that meets the scale of the challenge, and advances U.S. leadership in energy, manufacturing and innovation.





