Permitting reform gains momentum in Congress, will play key role in next transportation bill

Al Drago/Bloomberg

The next surface transportation bill will focus on permitting reform as a way to bring down infrastructure project costs, said House Transportation and Infrastructure Committee Chair Rep. Sam Graves, R-Mo.

It takes an average of seven years for highway projects to complete an environmental impact study, said Graves in a Thursday op-ed in the Washington Times. "Some project delays can last decades," he said. "Time is money, and we're wasting a lot of both because of ineffective review processes and overregulation."

Graves' comments come as the House is considering several permitting reform measures. On Wednesday, the House Energy and Commerce Environment Subcommittee approved seven bills that would ease permitting requirements under the Clean Air Act.

Separately, the Standardizing Permitting and Expediting Economic Development, or SPEED, Act proposes the most significant changes to the National Environmental Policy Act since its passage 50 years ago. Among other provisions, the legislation shortens environmental reviews and reduces the ability for litigation. The House Natural Resources Committee passed the SPEED Act in November and it's awaiting consideration by the House floor.

Both parties and infrastructure experts have long agreed that the federal permitting process and litigation aimed at halting projects have driven up infrastructure costs in recent years. Permitting reform has gained bipartisan momentum in Washington, D.C. in recent months with President Trump's executive orders and high-profile legislation. In May, the U.S. Supreme Court weighed in on the issue with an 8-0 decision in the Seven County Infrastructure Coalition v. Eagle County case that is expected to set limits on what federal agencies need to consider when approving a project, shorten timelines and reduce litigation. Many of the SPEED Act's provisions would codify the Seven Counties' decision, according to the Bipartisan Policy Center.

In his op-ed, Graves said permitting reform will "play a key role in the committee's top priority for 2026, the next surface transportation reauthorization bill," which he has previously said could be released by early 2026. "One of my goals in this bill is to get the most bang for every infrastructure buck available. We're exploring ways to streamline the surface transportation project review and approval process and trim any fat from federal infrastructure programs to make them more efficient," Graves said.

The House T&I committee, which oversees the surface transportation reauthorization process, had aimed to release a draft bill by year's end but the government shutdown delayed the work, Graves said. The goal now is to have the House mark up the bill early next year and pass it by the spring.