Western Groups Warn Democrats: 'No Deal With Devil on Permit Reform'

Amid permitting reform negotiations and votes in the Republican-led Congress this week, dozens of organizations from the US West on Thursday urged Democratic leaders to reject "a reactive capitulation to energy and technology industry demands and the Trump administration's deliberately engineered regulatory chaos."

"There is simply no precedent for what this administration has wrought, and permitting reform proposals under consideration—which scapegoat environmental laws—will only deepen the harm," warned 73 community, conservation, faith, and Indigenous groups in a letter to the top Democrats in each chamber, Sen. Chuck Schumer (D-NY) and Rep. Hakeem Jeffries (D-NY), as well as those on two relevant Senate panels.

In December, 11 Democrats came under fire for voting with nearly all Republicans in the US House of Representatives to advance the Standardizing Permitting and Expediting Economic Development (SPEED) Act. Led by retiring Rep. Jared Golden (D-Maine) and Committee on Natural Resources Chair Bruce Westerman (R-Ark.), it would amend the crucial National Environmental Policy Act, a frequent target of climate polluters and their allies in Congress.

With the SPEED Act pending in the Senate—where the GOP generally needs some Democratic support to advance legislation, due to its narrow majority and the filibuster rule—House Committee on Energy and Commerce Chair Brett Guthrie (R-Ky.) took to the chamber's floor on Wednesday to promote three other bills. The FENCES Act, FIRE Act, and RED Tape Act, he said, "are an essential part of the committee's broader efforts on permitting reform and align with White House permitting priorities."

The House passed the FENCES and RED Tape bills on Thursday. Golden and Democratic Reps. Jim Costa (Calif.), Henry Cuellar (Texas), Don Davis (NC), Adam Gray (Calif.), and Marie Gluesenkamp Perez (Wash.) joined Republicans in backing the former. Those Democrats, plus Rep. Vicente Gonzalez (Texas), also voted with the GOP for the latter.

Meanwhile, in the upper chamber, Republicans on Thursday passed a House-approved resolution to reverse a 20-year moratorium on mining in the watershed of the Boundary Waters Canoe Area Wilderness. Still, Senate Environment and Public Works Ranking Member Sheldon Whitehouse (D-RI) told Politico's E&E News earlier this week that "we're making steady progress" on permitting reform talks, "and it would not be unreasonable to have something to show our caucuses by the August recess."

The coalition of Western groups argued Thursday that "given Congress' ideological composition and alignment with the Trump administration's agenda, any permitting legislation that could conceivably emerge from this Congress and be signed into law by the president would unacceptably erode bedrock community and environmental safeguards, exclude the public from federal decision-making, and diminish the transparency and accountability now demanded of government agencies by federal law."

The groups pointed to various examples, including what critics called President Donald Trump's recent $1 billion "taxpayer-funded bribe" to get TotalEnergies to cancel its planned wind farms in favor of oil and gas projects, as well as his so-called God Squad's unprecedented exemption allowing fossil fuel operations in the Gulf of Mexico to ignore policies intended to protect endangered species. The letter also stresses that "Congress has not checked this abuse—it has enabled it."

"Rather than press forward with ill-fated legislation in this fraught moment, we therefore ask that you stand with us in defense of climate action and the public lands, waters, and wildlife, and communities of the West," the coalition wrote to Whitehouse, Schumer, Jeffries, and Senate Energy and Natural Resources Committee Ranking Member Martin Heinrich (D-NM).

"It is this fight—in this moment—that can build shared trust and set the conditions for constructive legislation that strengthens and revitalizes the federal government's capacity to serve the public interest," the coalition continued. "This means, to us, the build-out, protection, and restoration of green infrastructure (built or natural) and the full integration of ecological and community considerations into climate and energy policy as a precondition of our ability to thrive in kinship with an abundant world."

The letter urging "no deal with [the] devil on permit reform" was authored by Western Environmental Law Center executive director Erik Schlenker-Goodrich, who stressed in a statement that "the first rule of negotiation is that it's impossible to reach workable solutions with bad-faith actors."

"Today's Republican Congress has shown unprecedented hostility to climate, environmental, and community protections," he said. "It is glaringly obvious that any changes to our bedrock environmental laws signed by President Trump would sacrifice far too much and compromise the imperative to foster a just and equitable transition to an economy powered by renewable energy."

Schlenker-Goodrich called on Heinrich and Whitehouse "to withdraw from negotiations and stand with us and the public lands, waters, and wildlife of the West to build momentum for a progressive permit reform effort with stronger bargaining power after the midterm elections" in November.

Other signatories include leaders at the Center for Biological Diversity, Climate Justice Alliance, Friends of the Shasta River, GreenLatinos of New Mexico, Orange County Coastkeeper, Oregon Wild, Sierra Club Montana Chapter, Southeast Alaska Conservation Council, Umpqua Watersheds, Western Watersheds Project, WildEarth Guardians, Wyoming Wilderness Association, and more.

"Deregulatory permitting reform right now only means the fossil fuel industry will be forever dominant in this nation, which is why they are the biggest cheerleader for making a deal now," said Brett Hartl, government affairs director at the Center for Biological Diversity. "Democrats must focus on fighting the lawless Trump administration and the fossil fuel industry, not cut deals with people that only seek to destroy clean energy and a livable future."