The Senate Environment and Public Works (EPW) Committee convened to address improvements in the federal permitting process, a long-standing issue for infrastructure, housing, energy, and transportation projects. Despite recent attempts to reform the process, a consensus has yet to be reached. The EPW Committee is now examining bipartisan approaches to bring clarity and consistency.
Senator Kevin Cramer of North Dakota, Chairman of the EPW Transportation and Infrastructure Subcommittee, questioned witnesses regarding the 2023 Supreme Court decision in Sackett v. Environmental Protection Agency (EPA). This ruling clarified the definition of Waters of the United States (WOTUS) and limited federal regulation over jurisdictional waters. However, Senator Cramer expressed concern that the U.S. Army Corps of Engineers has not adequately responded to this ruling.
During the hearing, Cramer asked Leah Pilconis from the Associated General Contractors of America and Carl Harris from the National Association of Homebuilders about the necessity for jurisdictional determinations when laws seem clear. “Why do we even have to seek jurisdictional determination or permission when any home builder can read the law and see this isn’t a jurisdictional water?” he questioned.
Leah Pilconis highlighted challenges faced by developers due to lack of clarity: “The problem is that it’s not clear… you might get two different answers.” She stressed that while Sackett v. EPA provided some guidelines, implementation by agencies remains inconsistent.
Carl Harris echoed these sentiments on consistency: “Along with clarity, we need consistency… our builders, our developers would know when they could take reasonable risk.”
Senator Cramer also discussed permitting for electricity transmission projects. He emphasized careful planning involving local utilities and state regulators to avoid shifting costs onto customers: “We have to find a federal backstop… We can do that, but we do have to recognize those state regulators.”
