Policy Perspective
Heather Zichal: Building on those helpful, practical ideas from Fuat, let’s dive into policy a bit more. While markets allocate capital, policy sets the conditions under which that capital can be deployed.
Permitting isn’t controlled by a single entity but operates through a layered system of federal, state, and local oversight, each with distinct roles. While we have federal level statutes like National Environmental Policy Act (NEPA), requiring environmental reviews coordinated across multiple agencies, state governments typically oversee siting decisions and control things like land use. And even when the permit is granted, the opportunity to reopen a case through judicial review can also add years to a process. The result is a highly fragmented system.
Today I’m joined by Bipartisan Policy Center’s Xan Fishman, who specializes in federal permitting reform. Thanks for being here.
Why is permitting more critical right now—amid rising electricity demand and reshoring—and how have the tradeoffs shifted as more projects are cleaner infrastructure? Where do the biggest delays occur across the permitting and litigation process, and what’s at stake if we can’t build on predictable timelines?
Fishman: Permitting matters more now because the current system is increasingly seen as bad for businesses, families, and economic growth—and it’s also not delivering better environmental outcomes. In the past, long reviews helped stop highly polluting projects, but today many projects seeking permits are cleaner, so the cost-benefit balance has shifted and delays often preserve status quo infrastructure.
If we can’t permit efficiently, infrastructure costs rise and we miss out on quality-of-life gains. The process suffers from multiple persistent friction points, as opposed to one fixable bottleneck, so projects can get hung up at many stages—application completeness, multi-agency coordination, dispute resolution, final decisions, and open-ended litigation. The result is prolonged uncertainty that slows needed buildout, delays cleaner tech, and keeps pollution higher than it needs to be.
There seems to be energy in Congress to do something about this. What are the key elements for good federal and state permitting policies?
Fishman: There’s real bipartisan momentum, which makes me optimistic that Democrats and Republicans can align on a better permitting system. The goal is a clear, efficient process that applies the right level of review to the right kinds of projects—quick decisions for straightforward cases and more analysis for complex ones.
You’ve described the inertia of the status quo and the fragmented, multi-layered challenges across transmission and permitting. Setting aside near-term tactical fixes, what’s the art of the possible—the big-picture policy changes that could meaningfully shift these structural barriers? From a policy perspective, what do we most need to get right?
Fishman: Big picture, we need a permitting system with clear rules and a predictable timeline so everyone knows what to expect. It should deliver a credible review that protects the environment and human/public safety, and then reach a timely yes-or-no decision. Any litigation should also be structured to give a fair hearing but wrap up quickly. The goal is that within a couple of years a project is either moving into construction or definitively not going forward—without uncertainty dragging on for a decade or more.