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The federal permitting system no longer protects the environment. It has become a weapon of delay and obstruction. What started in 1970 as a simple review process under the National Environmental Policy Act (NEPA) now operates as a multi-year barrier of endless studies, repeated reviews, and constant lawsuits.

This is not true environmental protection. This is regulatory failure. It blocks opportunity for American workers, plus raises costs for families.

The evidence is clear and overwhelming. Major infrastructure, energy, and industrial projects often take four to seven years — or longer — just to receive permits. Every year of delay drives up costs through inflation, higher financing charges, and repeated redesigns. Manufacturers now spend about $29,000 per employee each year on regulatory compliance. That is nearly twice the average for other American businesses. America takes roughly 80 percent longer to approve major projects than other advanced nations. The outcome is obvious: Roads, power lines, pipelines, factories, and broadband networks remain stuck on paper instead of becoming reality.

This is not mere inefficiency. It inflicts real harm on the people who need opportunity most. Good-paying jobs for electricians, carpenters, plumbers, and equipment operators move out of reach. These are solid jobs that do not require a college degree. They provide real economic mobility. 

When America pursued serious regulatory reform, black unemployment fell to record lows. When the old bureaucratic system returned, the gap between black and white employment grew wider again. A process that blocks working Americans — especially those in minority communities seeking better lives — does not advance justice. It obstructs it.

The damage reaches every part of our nation. Electricity demand is rising rapidly because of AI data centers, returning factories, and normal economic growth, yet our electric grid remains outdated. Tens of thousands of megawatts of clean energy projects sat delayed in 2023 alone. Rural and tribal communities still lack high-speed broadband because duplicative permits and shifting timelines block progress. 

The House of Representatives has shown that real reform is possible. In December 2025, the House passed the SPEED Act with strong bipartisan support by a vote of 221 to 196. This bill returns NEPA to its original purpose. It clarifies what counts as a “major federal action.” It sets reasonable time and page limits on reviews. It also places a 150-day limit on lawsuits challenging approved projects. The House passed the PERMIT Act to stop states from abusing Section 401 of the Clean Water Act to kill needed projects. The CERTAIN Act addresses court tactics that let litigation drag on for years after permits are granted. These reforms do not remove environmental protections. They simply stop their abuse.

The Senate now has a clear decision to make. Bipartisan talks have resumed. Senators Heinrich and Whitehouse have signaled openness to a comprehensive package. Earlier work on the Manchin-Barrasso Energy Permitting Reform Act proved that agreement is reachable when results matter more than ideology. But the window for action is closing fast. Midterm elections are approaching. Leadership changes and shifting priorities could end these efforts. 

Inaction is not a neutral choice. It is a decision to protect a broken system at the expense of American workers and families.

Congressional leaders received a clear mandate from voters in 2024: cut red tape, lower costs, create jobs, and deliver results. Permitting reform meets that mandate directly. It fulfills President Trump’s goals for energy strength, manufacturing renewal, and infrastructure rebuilding. This issue enjoys genuine bipartisan support because it affects energy prices, job creation, broadband access, and national strength. 

Voters feel the pain of higher electricity bills and stalled projects. They will remember who acted and who delayed.

The rule of law requires that government procedures serve the people rather than paralyze them. Environmental reviews should inform decisions; they should not block progress indefinitely. A reformed system keeps real protections in place while restoring speed, predictability, and accountability. Anything less violates the principle of equal opportunity under the law.

The time for decision has come. The House has acted. The Senate must now act decisively. Congress should combine these bills, pass comprehensive permitting reform, and send it to the president this year. The legislative window is short. The stakes for our economy and our people are high.

America cannot wait any longer. Those who fail to act will have no defense when voters deliver their judgment. The time for excuses has ended.

Curtis Hill served as the state attorney general of Indiana from 2017 - 2021. 


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