Capito Optimistic About Future Opportunities for Permitting Reform

CHARLESTON - U.S. Sen. Shelley Moore Capito is hopeful discussions will continue between Republican and Democratic lawmakers on permitting reform for energy projects.

Capito, R-W.Va., held a virtual briefing with reporters Wednesday from her offices on Capitol Hill giving updates on multiple issues, including permitting reform.

The Energy Independence and Security Act of 2022, the permitting reform plan negotiated between congressional Democratic leadership and U.S. Sen. Joe Manchin, D-W.Va., was pulled from a continuing resolution to keep the federal government funded past the end of this week.

The package included provisions to speed up the permitting process and timelines for oil, natural gas, and renewable energy projects. It also would have expedited the completion of the Mountain Valley Pipeline between West Virginia and Virginia.

“It wasn’t going to pass,” Capito said. “Even though I am deeply committed to permitting and certainly to the MVP pipeline, that is going to be held for another day and hopefully there are talks from a lot of different interested people that want to see permitting reform,” Capito said. “I am front and center on some of those discussions and we’ll see how that rolls out.”

Manchin was unable to secure all 50 members of the Senate Democratic caucus or enough Senate Republicans to overcome the 60-vote filibuster threshold needed to move both his permitting reform package and the continuing resolution, putting the resolution at risk. But by pulling his permitting reform package from consideration, it opened the door for the Energy Independence and Security Act to be considered as part of other legislation coming up for a vote between now and the end of the year.

Capito had introduced her own permitting reform package earlier this month that had nearly all 50 of her Republican colleagues as co-sponsors, called the Simplify Timelines and Assure Regulatory Transparency Act. It was based on a similar amendment Capito tried to offer to the $737 billion Inflation Reduction Act, the significantly reduced version of President Joe Biden’s $1.75 trillion Build Back Better social spending plan.

Her amendment was rejected.

Manchin opposed Build Back Better nearly one year ago, but agreed to support the Inflation Reduction Act in exchange for Senate Majority Leader Chuck Schumer, D-N.Y., and House Speaker Nancy Pelosi, D-Calif., including his permitting reform package in the federal funding continuing resolution. But Democrats in the Senate and House of Representatives balked, and Senate Minority Leader Mitch McConnell, R-Ky., whipped Republicans to oppose the resolution if Manchin’s permitting reform package remained attached.

“There’s generally a large amount of bipartisan interest in permitting. You can’t do it with just one party behind closed doors where nobody sees this,” Capito said. “I’m sure we’ll be looking at both bills, see where we have common ground, and where we might be able to change … I’m certainly not giving up, but we have to have that bipartisan back and forth that you get when you negotiate.”

If Manchin and Senate Democrats plan to include the Energy Independence and Security Act in other legislation, their time might be running out. The November midterm elections could give Republicans a slim majority in the Senate. But whether it happens sooner or under a possible Republican majority, Capito said the process must be bipartisan.

“We’re going to keep working and try to get a bipartisan product because even if it’s a new Congress, and even if Republicans take over, we still need to have a bipartisan product here in the United States Senate,” Capito said.