FRA

Even an “Act of Congress” may not be enough to keep the Mountain Valley Pipeline out of trouble. The long-stalled natural gas takeaway project in Appalachia briefly appeared to be unfettered from regulatory and legal shackles after Congress rolled an MVP mandate into the debt-ceiling bill — the Fiscal Responsibility Act (FRA) of 2023. With the MVP provision, Congress effectively approved all required permits for the greenfield project without judicial review in a bid to fast-track the completion and initial startup of the pipeline. The FRA, which President Biden signed into law on June 3, appeared to instantly clear MVP’s path. But that reprieve didn’t last long. Earlier this week, the U.S. Fourth Circuit Court of Appeals once again halted construction of the project, seemingly in defiance of the FRA, setting the stage for a fight at the Supreme Court. In today’s RBN blog, we break down the latest developments and how they impact MVP’s prospects.

When it comes to large-scale energy and infrastructure projects, permitting can sometimes look like a game of Whack-a-Mole, where efforts to conclude the process are continually frustrated by issues that appear (and then sometimes reappear again and again), encompassing everything from environmental reviews and the vagaries of different federal agencies to legal challenges and public (and political) opposition. But if the difficulties in building a new pipeline, transmission line, or solar farm seem immense, they pale in comparison to what developers of mining projects can face. In today’s RBN blog, we look at why mining projects take so long to develop, the unique challenges of the permitting process, and some ways that it might be improved.

The Fiscal Responsibility Act (FRA) — whose primary purpose was to increase the federal government’s debt ceiling — addressed some immediate priorities surrounding federal permitting for energy and infrastructure projects and sought to expedite completion of the long-delayed Mountain Valley Pipeline (MVP), but it did more than that. Its passage provided a ray of hope for those eager for a renewed focus on permitting issues while also serving to underscore all the progress that is still needed. In today’s RBN blog, we look at the other key sections of the FRA, where Congress could look next to address permitting reform, and why additional progress might be hard to achieve.