Permitting Reform to Meet Our Energy Needs and Environmental Ambitions

Overview

This panel explored the hard truth at the center of America’s energy challenge: the country knows what it needs to build, but its permitting system no longer allows it to do so. Featuring two members of Congress deeply engaged in permitting reform and moderated by ClearPath CEO Jeremy Harrell, the discussion focused on how regulatory delay, litigation risk, and institutional paralysis are undermining U.S. energy leadership.

Panelists framed permitting reform not as a rollback of environmental protection, but as a necessary modernization of laws written for a very different era. They argued that decades of regulatory layering, agency overreach, and judicial expansion have turned routine infrastructure into multi-year ordeals, discouraging investment and threatening national competitiveness.

From energy production and transmission to data centers, pipelines, and carbon management, the conversation emphasized that speed, certainty, and accountability must be restored if the U.S. hopes to meet rising energy demand, maintain environmental standards, and compete globally.

Key Takeaways

Permitting Is the Limiting Factor—Not Capital or Technology
Panelists agreed that innovation and investment are not the problem. The primary constraint is a permitting system that treats routine projects as unprecedented risks, creating delays that stretch into decades.

Environmental Protection and Speed Are Not Opposites
Both lawmakers rejected the idea that faster permitting means weaker environmental outcomes. Modern standards, technology, and enforcement allow projects to be reviewed more quickly while maintaining strong protections.

Judicial Overreach Has Become a De Facto Project Veto
Repeated litigation and shifting interpretations of environmental statutes have made permits unreliable. Reform must address not just agency process, but how projects are challenged and delayed after approval.

Permit-by-Rule Can Unlock Routine Infrastructure
Rep. Maloy highlighted permit-by-rule as a practical solution for common, well-understood activities—allowing agencies to focus resources on truly complex projects while reducing bureaucratic paralysis.

Certainty Is Essential for Global Competitiveness
Investors and allies alike are increasingly hesitant to commit capital to U.S. projects without predictable timelines. Without reform, the U.S. risks losing energy leadership to countries willing to build faster.

Quotes

“We can build things in this country without destroying our environment—and we can do it faster than we are now.”

Rep. Celeste Maloy

“Why does it take nine years to build something we could plan and construct in two?”

Rep. August Pfluger

“Innovation depends on a reasonable chance of return—and permitting uncertainty kills that.”

Rep. August Pfluger

“We’ve created a system where agencies are afraid to say yes, even when projects comply.”

Rep. Celeste Maloy

“This is a generational moment. If we don’t fix permitting now, we won’t get another chance soon.”

Rep. August Pfluger

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Panelists

Jeremy Harrell
CEO of ClearPath
Rep. August Pfluger
US Representative (R-TX)
Rep. Celeste Maloy
US Representative (R-UT)

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