August 6, 2026

Reforming the Permitting Process: The FREE Act

FILE - Pipeline used to carry crude oil sits at the Superior, Wis., terminal of Enbridge Energy, June 29, 2018. (AP Photo/Jim Mone, File)

The current permitting process for energy projects in Washington faces significant challenges. It often presents a false choice between protecting natural resources and promoting economic growth. However, both priorities are essential and can coexist effectively. Conservation and development are not at odds and rely on strong environmental standards and functional systems.

Today, navigating the permitting process is daunting. It is slow, unpredictable, and overly complicated, leading to delays. Even projects that meet environmental standards face lengthy reviews and lawsuits, causing uncertainty for communities and businesses. These delays inflate costs, stall investments, and hinder responsible natural resource management.

Rep. Celeste Maloy introduced the Full Responsibility and Expedited Enforcement (FREE) Act to tackle these issues. The proposal aims to modernize federal permitting while maintaining environmental safeguards. It introduces a “permit-by-rule” approach, setting clear standards and predictable deadlines for specific types of permits. This approach allows applicants to design projects with the rules in mind, and agencies can ensure compliance without a drawn-out process.

The FREE Act retains necessary oversight. Agencies can review applications, request further documentation, and audit compliance. Projects not meeting standards can still be denied, but agencies must flag deficiencies quickly instead of unresolved delays. Notably, the bill mandates real timelines: complete applications not acted on within 180 days are approved, ensuring the process proceeds in a timely manner.

The act is not one-size-fits-all. Agencies may continue using traditional permitting methods where appropriate, allowing applicants to choose the best pathway for their projects. The goal is not to reduce oversight but to provide a more practical framework for all involved.

Organizations like ConservAmerica endorse an “all-of-the-above” strategy for energy and conservation, combining environmental stewardship with economic growth. The proposed reform aligns with conservative conservation principles, emphasizing clear rules and predictable processes. Efficient and transparent processes facilitate investment in projects enhancing forest health, water systems, energy production, and public land use.

Conservation prioritizes stewardship over stagnation. Historically, managing public lands focused on resource protection while ensuring responsible use for future generations. This requires effective systems that deliver tangible results. The FREE Act steers this effort by making permitting more predictable, transparent, and accountable. It strengthens both environmental protection and economic opportunity, proving that both can be achieved simultaneously.

Celeste Maloy represents Utah’s 2nd District in Congress, and Jeff Kupfer is the president of ConservAmerica.

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