Herrell looks to speed up environmental review of oil and gas projects

New Mexico’s only Republican in Congress is hoping to alter how oil and gas operations are permitted, after similar efforts by Democrats in the U.S. Senate appeared to stall when they were removed from a continuing resolution (CR) bill passed to avoid a government shutdown.

U.S. Rep. Yvette Herrell (R-NM) introduced a bill Wednesday that would set a two-year time limit on environmental analysis required under the National Environmental Policy Act (NEPA) that is required for oil and gas wells and other facilities.

It was intended to “streamline” reviews of federal projects, Herrell said, which she said can be excessively long.

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Wait times amid federal environmental reviews risk stymying oil and gas production, Herrell said, the biggest industry in her southern Second Congressional District and main driver of New Mexico’s economy – typically making up a third of the state’s annual budget.

“For too long, projects that will improve the lives of my constituents — and in some cases, save their lives — have been unnecessarily delayed by federal bureaucracy,” Herrell said.

She said restricting the time frame of reviews would increase regulatory certainty for companies planning to do business in New Mexico.

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“By placing an explicit timeline for NEPA reviews, New Mexico businesses who must go through the NEPA process will have the certainty that they need to embark on projects that better the lives of New Mexicans,” Herrell said.

U.S. Rep. Bruce Westerman (R-AR), who serves as ranking member of the House Natural Resources Committee said “extremist” environmental groups “hijacked” the NEPA process to slow projects and impede energy production, a problem Herrell’s bill will seek to reverse.

“It’s unacceptable that Democrats have allowed extremist groups to hijack NEPA to the point that it’s now used as a weapon against critical energy infrastructure," he said in a statement. “Congresswoman Herrell’s legislation will provide certainty for project proponents without bypassing the permitting process.

“We need an all-of-the-above energy approach to keep costs down for American families and this legislation is a key part of those solutions.”

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The bill was supported by oil and gas industry leaders who argued speeding up the review process was needed for energy companies to continue providing domestic fuel to American consumers.

“Two years is plenty of time to meet the requirements of the National Environmental Policy Act while getting projects moving and America back to work,” said Kathleen Sgamma, president of the Western Energy Alliance.

Another effort to reform permitting proposed by Sen. Joe Manchin (D-WV) would have also set a maximum of two years for environmental reviews required under the National Environmental Policy Act (NEPA), and require projects be approved within 180 days of completing the reviews.

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It would also set a statute of limitations of 150 days for permits, barring court challenges of permits after that timeline, but was removed from the language of the CR ahead of Congress’ vote on the measure Tuesday.

But Sgamma was troubled by language in Manchin’s bill that would require the President to prioritize 25 infrastructure projects across the country, subjecting the work, she said, to political influence.

“All pipeline and other infrastructure projects should have rational, timely NEPA, not just 25 politically favored projects picked by the White House,” Sgamma said.

“While I can appreciate that Senator Manchin was trying to reduce the time to conduct environmental analysis so that infrastructure and energy projects can move forward, the bill language is bureaucratic gobbledygook that I believe could actually have bogged projects down further.”

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But environmental groups argued the restricted timeline for reviews of infrastructure projects could limit public participation and the voices of communities impacted.

Erick Schlenker-Goodrich at the Western Environmental Law Center said efforts to speed up permitting only served to benefit oil and gas companies and could worsen the effects of pollution and climate change.

He said Congress should instead pass environmental legislation like the Environmental Justice for All Act introduced last year by U.S. Rep. Raul Grijalva (D-AZ) which, if passed, would require the federal government increase considerations for environmental impacts on communities of color.

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“Successful climate action demands that we embrace and align two key objectives: the build-out of clean, renewable energy and the imperative to deliver on environmental justice for frontline and Indigenous communities,” Schlenker-Goodrich said.

He said the government must transition away from fossil fuels, and shift to less-pollutive energy sources like wind and solar power.

“To open new doors to a thriving, just, and equitable renewable energy future, we urge Congress to support a fair and meaningful dialogue with all stakeholders and to pass the Environmental Justice for All Act,” Schlenker-Goodrich said.

Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on Twitter.