by Katy Stech Ferek, The Wall Street Journal, September 27, 2022
WASHINGTON—Sen. Joe Manchin (D., W.Va..) on Tuesday threw in the towel on including his contentious proposal to speed up permitting of energy projects in a must-pass funding bill, clearing the way for the Senate to advance the legislation needed to keep the government open.
Lawmakers from both parties have criticized the Manchin proposal, with Republicans saying it didn’t go far enough to remove permitting hurdles so that energy projects can be built quickly. Democrats worried that speeding up oil and gas projects could risk damaging ecosystems and compromise the health of nearby residents.
The permitting changes were included in a 237-page continuing resolution that would extend current government funding levels until Dec. 16 and prevent a partial shutdown this weekend, when the fiscal year ends.
The resolution also contains more than $12 billion in aid to Ukraine to help fortify the country’s military with new weapons and support the government in Kyiv as it fights off Russia’s invasion.
The announcement was made just ahead of a planned vote on the short-term spending bill, which had appeared headed for defeat if the Manchin proposal remained attached. The resolution needs 60 votes in the evenly divided Senate to advance and also needs to be approved by the House.
Senate Majority Leader Chuck Schumer (D., N.Y.) had put Mr. Manchin’s proposal on the resolution to fulfill a promise that he made to Mr. Manchin earlier this year. In exchange, Mr. Manchin agreed to vote for the Democrats’ climate, healthcare and tax proposal, which is now law and gave a boost to President Biden’s agenda before November midterm elections.
In announcing removal of the permitting language, Mr. Schumer said he wasn’t abandoning Mr. Manchin’s bill.
“Sen. Manchin, myself and others will continue to have conversations about the best way to ensure responsible permitting reform is passed before the end of the year,” Mr. Schumer said.
Mr. Manchin said he had asked Mr. Schumer to remove his proposal and that he would continue to work on the legislation.
“It is unfortunate that members of the United States Senate are allowing politics to put the energy security of our nation at risk,” he said.
Sen. John Cornyn (R., Texas) said Tuesday that Republicans could negotiate changes to the permitting proposal that secure enough votes for it to pass later this year. Any changes could prove difficult for Democrats to support, however, and Mr. Manchin had warned both parties that his proposal was their best bet for progress on the issue.
Asked about the timeline for negotiating on a permitting measure, Sen. Shelley Moore Capito (R., W.Va.) pointed to a must-pass annual defense policy bill known as the National Defense Authorization Act as a possible vehicle. “The NDAA is still out there.”
Mr. Manchin said his proposal would reduce U.S. reliance on foreign energy sources, lower energy costs and help project developers bring much-needed electricity generation and transmission infrastructure online. But he struggled to sell the reform to both Republicans and Democrats despite his assertions that such reform is bipartisan and would advance both parties’ agendas.
Senate Minority Leader Mitch McConnell (R., Ky.) called the permitting measure weak and said it would create even more bureaucracy. Some Democrats sided with environmental groups that said faster reviews would lead federal agencies to green light projects without requiring safeguards for critical ecosystems and neighborhoods.
Sen. Tim Kaine (D., Va.,) said he opposed Mr. Manchin over its requirement for federal agencies to quickly approve outstanding permits for the Mountain Valley Pipeline, a 300-mile pipeline that would move natural gas from shale formations in northwestern West Virginia to southern Virginia. He criticized the proposal’s requirement for federal agencies to bypass the typical review process and its limitations on litigation challenging the project.
If no funding bill is passed, a partial government shutdown would occur. A shutdown would trigger furloughs for hundreds of thousands of federal workers, but critical functions such as border security, benefits payments and airport operations would continue.
The resolution would also reauthorize the Food and Drug Administration’s user-fee agreements for prescription drugs, generic drugs and medical devices, preserving their access to U.S. patients. The legislation has to pass by the end of September to avoid funding gaps for the FDA.
Ken Thomas contributed to this article.