By Curtis Schube
One of the first executive orders President Trump issued was “Unleashing American Energy.”
It begins an effort to undo the harm caused by the Biden administration’s unprecedented assault on the American energy sector. It overturns President Biden’s own destructive executive orders, including those canceling oil leases and prioritizing environmental regulations over the good of the economy and producing reliable energy.
It also orders that unduly burdensome energy regulations be rescinded. Trump’s EO forthrightly states that its goal is to encourage energy production “to meet the needs of our citizens and solidify the United States as a global energy leader.” (RELATED: HOUSTON KEENE: The Bureaucratic Meltdown Has Already Begun)
This executive order takes the nation in a whole new direction. It orders the agencies to audit their policies to weed out burdensome regulations that impact energy development. It terminates the infamous Green New Deal. It prioritizes employment and economic impacts in energy policy. It also revokes a Jimmy Carter Executive Order to reduce the burden on environmental studies that notoriously hold up energy projects.
One reform that met less pomp and circumstance, but is not lacking in impact, is permitting reform. President Trump’s Order instructs agencies to “eliminate all delays within their respective permitting processes including … the use of general permitting and permit by rule.”
This type of permitting reform should impact all American lives for the better. We all know how difficult permits can be to obtain, even if on a smaller scale than energy. When making an addition to a house, for example, one must submit it to government and pray that everything is correct.
Then, the waiting game begins as the government reviews the application, requires possible alterations at the its whim, then, eventually at some point, the project can move forward. It can be expensive and time consuming, and sometimes may deter people from even trying.
The same applies on a larger scale. Permits for major projects, like an oil well, can take years, even a decade or longer, to jump through all of the hoops. And, as the federal government is the gatekeeper to many different varieties of activities that require a permit, whoever is in charge of the executive branch can cripple a project.
Permits by rule and general permits simplify the process drastically and ease the burden on both the applicant and the government. They are simple and predictable. For both types of permits, the government will first pre-determine the required criteria for someone to meet before the permitted conduct can commence. The government will promulgate the standards for all to see and know.
The applicant, knowing exactly what is required to perform the permitted conduct, can get a project moving quickly. For a general permit, no contact with the government is even needed. A permittee can begin a project so long as it satisfies the pre-set standards.
For a permit by rule, the applicant simply has to certify to the government, in writing, that all the criteria have been met. In response, the government can only check to see if the correct certifications are made and then either approve it or return the certifications with an explanation of which ones are not met. This is done in a short period of time, such as 30 days.
In both cases, the government has no discretion on a case-by-case basis. Instead of focusing its efforts as a gatekeeper for permits, the government will only focus on permittees who have not met the criteria, but after the permittee has begun its project. The government’s role is focused on enforcement actions.
Both sides benefit from this system. For those who behave correctly, the permitting process does not hold up projects. For the government, the resource drain for overseeing permitting is drastically reduced. The government only has to focus its attention on the minority of parties.
This system also has a built-in deterrent. If a permittee were to begin a project, only to have the government shut the project down at a later time through an enforcement action, the permittee would lose a significant investment.
The true benefit is to the American people. If energy companies can have a quick and expedited form of permitting, then the supply of energy can expand quicker. This makes the cost of energy, and all products, cheaper. In the wake of natural disasters, rebuilding can happen quicker. Infrastructure can be put in place faster. The benefits go on and on.
Permitting reform, such as that referenced in President Trump’s Executive Order, is a fantastic first step toward a more efficient government. His agencies should take full advantage and convert as many permits as possible to a permit by rule or general permit as soon as possible.
Curtis Schube is the Executive Director for Council to Modernize Governance, a think tank committed to making the administration of government more efficient, representative, and restrained. He is formerly a constitutional and administrative law attorney.
