The FREE Act: Paving the Way for Modernizing Federal Permitting  

Senators Ted Budd (R-N.C.) and Cynthia Lummis (R-Wyo.), as well as Representatives Celeste Maloy (R-Utah) and Lori Chavez-DeRemer (R-Ore) are taking on permitting reform with the introduction of their Senate and House bills, the Full Responsibility and Expedited Enforcement (FREE) Act.  

The FREE Act would help streamline the federal permitting process by establishing a “permit-by-rule” (PBR) system. Under this new system, projects that meet predefined criteria can receive automatic approval, bypassing the often lengthy and cumbersome permit application process that currently has inconsistent and opaque requirements. This not only reduces the administrative burden on regulatory agencies but also provides greater predictability and certainty for project developers. 

The traditional federal permitting process is notorious for its complexity and the significant delays it can impose on projects. These delays can lead to substantial financial costs, discouraging investment and delaying economic growth. The FREE Act addresses these issues head-on, enabling projects to proceed more quickly and efficiently. This reduction in delays and costs is particularly beneficial for clean energy initiatives, which often face long approval timelines despite their critical role in addressing climate change and reducing emissions.  

“Without significant reforms to our nation’s permitting processes, clean energy projects that revitalize local communities and provide affordable, reliable energy will continue to be held up by layers of unnecessary red tape,” said CRES President Heather Reams about the FREE Act. “Thank you to Sens. Cynthia Lummis (R-Wyo.) and Ted Budd (R-S.C.) and Reps. Celeste Maloy (R-Utah) and Lori Chavez-DeRemer (R-Ore.) for leading this bicameral effort to accelerate development of new clean energy projects that bolster our grid, economy and national security.” 

As we enter the final stretch of the 118th Congress, the FREE Act represents pivotal reform that will benefit both the government and private sectors, paving the way for innovation, investment and clean energy development. 

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