Fair Permitting Certainty and �Key Messages

Presentation Slides:�cclusa.org/fair-permitting-slides

April 2nd, 2026

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About Our Speakers

VP of Gov’t Affairs Citizens’ Climate Lobby

Research Manager Citizens’ Climate Lobby

Learning Goals

1. Understand the importance of ensuring fair permitting certainty

2. Learn about the policy proposals to ensure fair permitting for all types of energy infrastructure

3. Explore the key messages for different political parties

Permitting Certainty Importance

What is the problem?

• Permitting has become politically unstable
• Each Administration is using permitting to stop projects they don’t like
• That creates uncertainty for ALL energy investment

Blocking Disfavored Technologies

Biden admin blocked a lot of fossil fuel permits and leases:

• Revoked Keystone XL permit
• Canceled Arctic National Wildlife Refuge oil & gas leases
• Paused LNG export terminal permits
• Banned new Powder River Basin coal permits
• Banned most new offshore oil & gas leasing

Blocking Disfavored Technologies

You may agree with those moves, but then Trump admin blocked clean energy permits:

• Stopped already-permitted offshore wind projects
• Required that solar and onshore wind project permits be approved by Sec. of Energy

What is Certainty?

Regardless of politics, permitting decisions should be:

• Predictable
• Consistent
• Timely

Why Is Certainty Important to CCL

Most new power infrastructure being built today is cheap clean stuff, so executive permitting interference is a bigger threat to low-carbon technologies than fossil fuels

Negotiations Hinge on Certainty

Bipartisan Support for Certainty

• MOCs from both parties have said the permitting system has to be technology neutral and treat all projects equally
• Introduced fair permitting certainty bills have bipartisan co-sponsors, CCL provided feedback:
• CERTAIN Act - discussion draft released by Reps. Peters (D-CA) and Evans (R-CO)
• H.R. 7329 - FREEDOM Act - Reps. Harder (D-CA) and Lawler (R-NY)

Without Congressional action, we will continue to see the pattern of the last two decades. Each new administration will reverse the policies of the last, eroding trust of American businesses and workers and ensuring we cannot plan or build for either the present or for our future.”it ec

– Sen. Shelley Moore Capito

We have to figure out a way to insert more certainty for both sides and for traditional and new clean generation. Like, how do we make it about whether you check the actual boxes that are relevant to the permit, and you insulate it from the politics?”it ec

– Sen. Martin Heinrich

Fair Permitting Provisions

Predictability

• Establish that agencies may not suspend permits or operations except in extreme circumstances like under a court order or contractual breach
• Limit agencies to identifying deficiencies in a permit application only once

Fair Permitting Provisions

Timeliness

• Set deadlines, timelines, milestones for agencies in the environmental review process
• Allow project sponsors to hire approved third party contractors to complete permits when agencies miss deadlines
• Assess & address agency permitting capacity

Fair Permitting Provisions

Consistency, Accountability

• Empower Council on Environmental Quality to issue relevant guidance, direct dispute resolution
• Expedited judicial review to challenge agency delays or wrongful permit revocations
• Require agencies to provide detailed, written notice before taking action
• Provide compensation when an agency failed to support an adverse action with clear evidence

Fair Permitting Provisions

• In addition to direct and formal actions to revoke a permit, there are many ways to informally delay a project
• There’s a question as to how prescriptive bill language should be
• Overly prescriptive language may inadvertently create new loopholes

Key Messages

Key Messages on these Reforms

Certainty = stable rules for investment

• Projects shouldn’t be stopped after approval
• Protection from executive overreach and shifting political interference
• Supports economic growth and the buildout of energy infrastructure

If you follow the rules, the rules shouldn’t change on you.

Key Messages on these Reforms

Avoid:

• Leading with climate
• Focusing solely on clean energy
• Anti-fossil fuel messaging

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Key Messages on these Reforms

Certainty = getting clean energy built

• Protect clean energy deployment from political interference
• Approved clean energy projects must be able to move forward
• Necessary to meet climate goals

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We can’t meet our climate goals if clean energy projects can be approved and still not get built.

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Key Messages on these Reforms

Avoid:

• Referring to certainty in relation to all types of energy
• Focusing on speeding things up instead of preserving key environmental reviews while ensuring predictability and efficiency

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Upcoming Permitting Reform Trainings

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Community Engagement

Thursday, May 7th

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Key Permitting Messages

Thursday, May 28th

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All trainings at 8pm ET / 5pm PT �Recordings will be posted on CCL Community afterwards.

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