Throughout American history, there have been moments when building on an enormous scale has been a national necessity. Think of how the New Deal brought electricity to rural communities, or how two decades later, Dwight Eisenhower launched the Interstate Highway System, one of the largest public-works projects in our nation’s history.
We are entering another such moment for infrastructure in this country. After decades of relatively flat electricity demand, the United States is suddenly asking much more of its physical economy. We need more housing in the places where people most want to live, more power for factories and businesses, and a stronger industrial base capable of supplying our military in an increasingly dangerous world. Competition with China raises the stakes further — the race for leadership in artificial intelligence requires enormous amounts of electricity and computing capacity, as well as the infrastructure to support both.
Despite our tradition as a “Nation that Builds,” our legal and regulatory processes do a remarkable job of stopping Americans from building things. Whether a builder is trying to deliver a power line, a neighborhood of starter homes, or a manufacturing facility, the answer is the same: wait.
Take transmission lines, the high-voltage wires that carry electricity: federal permitting for a new line takes approximately four years. If the project crosses state lines, communities can expect to wait a decade or longer.
The TransWest Express clean energy project is one example. This 732-mile proposed transmission line spent two decades navigating roughly 50 separate federal, state, and local agencies before finally breaking ground in 2023. As former members of Congress — one an Ohio Republican, the other a Pennsylvania Democrat — who both served in uniform in Iraq — we know how hard it is to get even two government agencies to coordinate with one another. Fifty is a bureaucratic nightmare. At least the TransWest Express is being built. Countless other projects are simply abandoned along the way or never even break ground at all.
The problem extends far beyond transmission. An estimated $1.5 trillion in investment is currently awaiting federal permitting, and the review required for any major infrastructure takes a median of two to four years. This cannot be chalked up to the cost of doing business. It’s the result of overlapping jurisdictions, complex bureaucracies with sequential reviews, growing regulations, outdated technology, and lengthy litigation battles.
Breaking through this red tape does not mean weakening environmental protections. In fact, it’s often lower-emission energy projects that are harmed by an onerous process. The goal should be a permitting system that subjects projects to serious review without stalling development altogether. That means establishing strict timelines, eliminating duplication, stopping endless procedural litigation, and ensuring there is certainty when a final decision is made, such that the government doesn’t arbitrarily change its mind.
The stakes extend beyond any one infrastructure project. Energy costs, affordable housing, military readiness, and the infrastructure America needs to compete with China in the AI race all depend on building reliable infrastructure. Yet right now, each of these sectors faces the same permitting bottleneck.
Consider what the current system is actually costing us. According to a joint analysis by the National Association of Manufacturers and the Foundation for American Innovation, permitting delays cost manufacturers at least $7.9 billion annually. Meanwhile, household electricity bills and natural gas prices continue to outpace inflation.
This reality has created some strange bedfellows: solar developers, oil and gas producers, the U.S. Chamber of Commerce, and trade unions are pushing for Congress to act. These are groups that disagree on many issues but are united here because the impact of delay is universal. The economy cannot keep growing if we fail to build the infrastructure that growth requires.
The House has engaged in a number of efforts to modernize certain aspects of the permitting process, including passing the SPEED Act and introducing bipartisan electricity sector and transmission reforms. The Senate has a narrow window to build on this momentum and act, and there are real signs of hope, starting with bipartisan agreement on the need to cut a deal.
AMERICA DOESN’T HAVE AN ENERGY SHORTAGE. WE HAVE A LAWSUIT PROBLEM
Ask a lawmaker on Capitol Hill what’s being done to lower energy costs, build more affordable housing, put the public to work, compete with China on AI, and fix defense supply chains, and you will be pointed to five different bills in five different committees. But all five ultimately come down to the same question: Can America build the infrastructure those goals require quickly and safely?
Energy permitting reform will affect every aspect of American life. Congress should use the time it has left this fall to pass this bipartisan legislation. It may well be their greatest legacy.
Steve Stivers served as U.S. representative from Ohio, 2011-2021. Patrick Murphy served as U.S. representative from Pennsylvania, 2007-11, and as undersecretary of the Army, 2016-17.
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[ H/T Washington Examiner ]
