Momentum Builds For Meaningful Energy Permitting Reform

Interior Secretary Doug Burgum, addressing the need to streamline federal permitting processes during a ribbon-cutting event for a major expansion of Venture Global’s South Louisiana LNG export facility on March 6, told workers and executives assembled for the ceremonies that, "One of our pathways to energy dominance is just unleashing the incredible resources that we have in this country: getting the red tape, getting the federal government off the back of the worker, off the back of companies."

Indeed, the need to find ways to expedite federal permitting processes and cut red tape has been a frequent refrain from officials in both major parties for years now, although making real progress in this arena has been hard to achieve. But momentum does appear to be building on specific issues impacting development in offshore waters of the U.S., where most federal permitting process are governed by Burgum’s Interior Department agencies.

The MMPA Needs Modernization

It is no secret that the Endangered Species Act (ESA) and its’ abuse by activist groups is a major driver of delays and roadblocks in the federal permitting process. But another law which dovetails with the ESA, the Marine Mammals Protection Act (MMPA), potentially represents an even bigger, more intractable impediment to progress when it comes to developments of all types in federal offshore waters.

In testimony to a February hearing of the House Natural Resources Subcommittee on Water, Wildlife and Fisheries chaired by Wyoming Republican Harriett Hageman, Dustin Van Liew, vice president, global policy & government affairs for EnerGeo Alliance, urged members to exercise their oversight powers to create legislation to modernize requirements under both the MMPA and ESA to eliminate unnecessary red tape and resolve conflicts and duplicative processes between the two laws.