Manchin introduces permitting bill, taking second shot at energy package

Sen. Joe Manchin (D-W.Va.)
Greg Nash
Sen. Joe Manchin (D-W.Va.) questions Treasury Secretary Janet Yellen during a Senate Subcommittee on Financial Services and General Government hearing to discuss the President’s FY 2024 budget for the Department on Wednesday, March 22, 2023.

Sen. Joe Manchin (D-W.Va.) is introducing his permitting reform package — which failed to garner enough votes to pass last year — as a bill on Tuesday.

A press release from Manchin’s office says the reintroduction “will serve as a starting point for upcoming conversations in the Senate” as lawmakers look to find a compromise package to speed up the approval process for energy and infrastructure projects.

Last year, Manchin struck a deal with Democratic leaders to pass legislation that will speed up energy projects in exchange for the passage of the Democrats’ climate, tax and health care bill.

The effort, however, was thwarted last year after opposition from progressive Democrats and many Republicans did not deliver Manchin the votes to pass the package.

But talks have been ongoing. 

House Republicans offered their permitting vision as part of their larger H.R. 1 energy package. Meanwhile, a pair of House Democrats last week released draft legislation that focused largely on renewable energy and electricity.

Manchin shares certain goals with each side. Like the Republicans, he wants to impose time limits on how long environmental reviews can take for a project and limit the time an opponent has to sue over a project. 

Like the Democrats, he wants to increase the power of the Federal Energy Regulatory Commission, an independent federal agency, to approve electric transmission lines.

The package also contains ideas that are not on either wish list — including the specific approval of the Mountain Valley Pipeline, which runs through his home state of West Virginia, as well as requiring the president to designate a list of priority projects to expedite, including fossil and renewable projects. 

Securing a permitting deal could be a signature accomplishment for Manchin as he could face a tough reelection fight next year if he decides to run, especially if the West Virginia pipeline makes it into whatever is ultimately passed.

However, some Republicans may be hesitant to give him that win. 

Republicans have historically supported the idea of speeding the energy approval process. Last year, though, they said Manchin’s package did not go far enough. 

Some also expressed frustration with him for working with Democrats to pass the Inflation Reduction Act, announcing a deal with Schumer shortly after the passage of a bipartisan semiconductor bill that Minority Leader Mitch McConnell had threatened to thwart if Democrats moved ahead with their legislation. 

Last year, the Senate held a vote on the same permitting package Manchin is introducing Tuesday as a potential amendment to the National Defense Authorization Act. While 40 Democrats and seven Republicans voted for the bill at the time, it did not garner the support of enough senators to pass.

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