PERMITTING REFORM: Harder Announces Bipartisan Introduction of Tech-Neutral Permitting Certainty Legislation

FREEDOM Act delivers faster review, new permit protections, and enforcement mechanisms to unleash American energy

WASHINGTON – Today, Rep. Josh Harder (CA-09) led the bipartisan introduction of tech-neutral legislation to deliver permitting certainty across the energy industry. Led with Reps. Mike Lawler (NY-17), Adam Gray (CA-13), Chuck Edwards (NC-11), Don Bacon (NE-02), and Kristen McDonald Rivet (MI-08) the Fighting for Reliable Energy and Ending Doubt for Open Markets (FREEDOM) Act expedites judicial review, creates new protections for fully-permitted projects, establishes enforceable deadlines, and mandates de-risking programs and compliance reporting.

Energy projects face catastrophic financial losses from permit revocations, unreasonable agency delays, and yearslong processing times, even after sponsors invest millions based on approvals. This regulatory uncertainty deters critical infrastructure investment across all energy technologies and undermines America's energy security. Harder, who serves as Chair of the bipartisan Build America Caucus, has been leading calls to establish long-term permitting certainty in the energy industry and protect critical projects from political attacks.

“Working families across the country are facing soaring energy prices because we’ve made it too hard to build new energy projects,” said Rep. Harder. “The FREEDOM Act delivers the smart, pro-growth certainty that critical energy projects desperately need by cutting delays, fast-tracking approvals, and holding federal agencies accountable. This is a common sense solution that will mean more energy projects being brought online in the short term and lower energy costs for our families for the long run.”

How the FREEDOM Act delivers tech-neutral permitting certainty:

• Faster Review and Enforcement – Empowers project sponsors to file court petitions with expedited review and limits non-project sponsors from extended legal challenges.
• Permit Protections – Federal agencies cannot revoke permits, issue stop-work orders, or halt construction on fully permitted projects that do not meet a narrow set of extreme circumstances.
• Consequences for Delays – Non-negotiable timelines that, when missed by agencies, empower project sponsors to hire qualified contractors to complete administrative work at no cost to the project.
• Loss Protections – Insurance-style program under the Department of Energy (DOE) to protect developers from losses due to federal actions or inaction.
• Compliance Reporting – Mandatory GAO reporting to Congress 180 days and annually on agency deadline compliance, unfair treatment, and industry success.

“America's energy security depends on our ability to build critical infrastructure efficiently and responsibly,” said Rep. Lawler. “The FREEDOM Act cuts through regulatory delays that have stalled vital energy projects across the country. By establishing clear timelines and accountability for federal agencies, this legislation protects investments, creates jobs, and ensures NY-17 can power its future with reliable, affordable energy.”

“Projects in my district are being held up by a dysfunctional permitting system that takes years to process simple applications,” said Rep. Gray. “It's long over-due for Congress to act. I am proud to co-lead the bipartisan FREEDOM Act with Reps. Harder, Bacon, and Lawler to ensure America can build reliable infrastructure, quickly.”

“Energy projects should not face years of uncertainty that undermine our energy security after sponsors have invested millions by following the rules and securing permits,” said Rep. Bacon. “I’m pleased to co-lead the bipartisan FREEDOM Act to bring common-sense timelines, protect permitted investments, and ensure the permitting process is fair, predictable, and applied equally.”

“To bring down utility costs, we need to cut red tape and protect promising energy projects from losing their permits without explanation,” said Rep. McDonald Rivet. “Streamlining permitting processes and providing certainty for new and existing projects will give a much-needed boost to American energy production and lower energy costs at a time when working families need it most.”

“Both parties have watched administrations weaponize the permitting process against disfavored energy sources,” said Thomas Hochman, Director of Energy & Infrastructure Policy at the Foundation for American Innovation. “The FREEDOM Act would fix that, creating a level playing field so that energy technologies succeed or fail based on their merits, rather than politics.”

“NOIA strongly supports bipartisan efforts like the FREEDOM Act, which delivers enforceable permitting deadlines, robust protections for fully permitted projects, expedited judicial review, and a de-risking compensation program to provide certainty and decision durability for all forms of offshore energy development, including oil and gas, offshore wind, carbon capture and storage, ocean mineral exploration, and emerging technologies,” said National Ocean Industries Association President Erik Milito. “We commend Representatives Josh Harder, Mike Lawler, Adam Gray, and Don Bacon for their leadership in advancing this critical legislation, which limits delays, safeguards investments from revocations or inaction, and ensures fair treatment across energy sources. By establishing predictable timelines, accountability mechanisms, and financial safeguards, efforts like the FREEDOM Act are essential to restoring investor confidence, unlocking capital, accelerating offshore infrastructure development, and building the all-of-the-above energy future America needs for security, economic growth, and affordability.”

"Both parties agree: critical American manufacturing is too-often hindered by our antiquated and cumbersome permitting process," said New American Industrial Alliance. "The FREEDOM Act will cut the red tape by streamlining processes with hard deadlines, expediting reviews, and protecting fully permitted projects from abrupt cancellations. We strongly endorse this bill and thank Reps. Harder, Lawler, Gray, Edwards, McDonald Rivet, and Bacon and the Build America Caucus for their leadership in supporting American manufacturing. NAIA backs the builders and so does the FREEDOM Act."

"To meet rising energy demand, developers need certainty that political officials will not weaponize the permitting process," said Alec Stapp, Co-CEO of the Institute of Progress. "The FREEDOM Act provides it, ensuring certainty across the permitting process. The bill is built to work even if an administration bends or breaks the rules, with each reform backed by enforceable remedies. IFP commends Representatives Harder, Lawler, Gray, Bacon, Edwards, and McDonald Rivet for their leadership on this issue."

The Build America Caucus has been working around the clock and across the aisle to build momentum around passing comprehensive permitting reform. In December, the Caucus hosted a permitting roundtable with Utah Gov. Spencer Cox and more than a dozen lawmakers to build support for a bipartisan deal on permitting reform. 

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