Jeff Rosen highlights one effective way to boost the American economy.
Back in 1995, President Bill Clinton told an audience gathered for an event in Washington, D.C.: “We need a Government that’s smaller and more entrepreneurial, that provides a lot less hassle, that realizes that there are an awful lot of people out there in the private sector who have enlightened views and they want to do the right thing and they need to be helped instead of hindered in that.” The same could be said today, 30 years later.
The many problems associated with federal regulatory processes now date back more than a century, but those associated with approval of federal infrastructure permits are of a more recent vintage. In fact, the cost, burdens, and delays from such permitting were not widely discussed or even recognized by most policymakers until the 1990s.
They are now, of course, a massive concern, particularly in the transportation, energy, mining, and related infrastructure sectors. And they do genuine harm to the economy. While regulatory reform writ large should remain the overriding goal, fixing the permitting problem should be among the highest priorities for anyone concerned about America’s ability to complete projects that are crucial to our continued prosperity.
In considering the problem, it is useful to understand how and why permitting delays arise in the first place. There are three main sources, each linked to the three main stages of the permitting process.
First, there is the pre-filing compliance stage. When a project is being conceived and developed, its champions need to identify the laws — sometimes as many as 60 separate statutes — with relevant requirements, as well as any agencies whose approval they must obtain. …
… Second, there is the federal review and approval process. This stage comprises multiple steps and can involve many statutes. …
… Third, there is the period after the decision is made — in the record of decision (ROD) or the finding of no significant impact (FONSI) — that leads to agency approval and kicks off the possibility of outside litigation.
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