Voters Say Lawmakers Should Listen to Communities Over Fossil Fuel Interests
By Dana Johnson and Julia Jeanty
To secure passage of the Inflation Reduction Act, Senate Majority Leader Chuck Schumer (D-N.Y.) and Democratic leadership negotiated a permitting deal with Senator Joe Manchin (D-W.Va.) that will permanently erode the democratic process and protections that current environmental review laws like the National Environmental Policy Act (dubbed “the People’s Environmental Law”) provide. The proposed permitting deal is being presented as necessary for rapid deployment of new energy infrastructure, including renewable and fossil fuel projects, but it will disenfranchise voters by shortening and limiting the opportunity for community engagement and input and judicial redress. These adverse impacts are likely to have a disproportionate impact on people living in communities or color and areas of low income because of the legacy of institutionalized bias in land use, energy and environmental decision making. NEPA was passed with bipartisan support to empower project sponsors to partner with communities to anticipate and address potential harms before a project begins.
This “dirty deal” was negotiated by Schumer and Manchin with consent from Democratic leadership but without input from the Democratic Caucus in the House of Representatives. It also bypassed the House Natural Resources Committee, which has jurisdiction for NEPA. There is also evidence that the permit deal was heavily influenced by the American Petroleum Institute (API), a trade association representing America’s oil and gas industry.
Finally, Schumer and Democratic leadership agreed to attach the deal to a continuing resolution — a must-pass bill that will keep the government funded through the end of year. This has further alarmed voters, as it is out of step with and dishonors the legislative process.
A recent Data for Progress survey of 1,244 likely voters reveals that:
Nearly two-thirds of voters (65 percent) are in favor of prioritizing input from communities that will be impacted by new energy projects over lobbyist groups like API.
Over half of likely voters (59 percent) agree that lawmakers should consider permitting legislation as a standalone bill, and separate it from a must-pass government spending package.
A majority of likely voters (56 percent) believe that President Biden should prioritize clean energy projects, like wind and solar farms, over fossil fuel projects, like gas plants and pipelines.
Over two-thirds (69 percent) of all likely voters support the Environmental Justice for All Act.
Voters Support Centering Community Input
One of API’s main criticisms of the Inflation Reduction Act was its failure to address permitting reform, which API argues is crucial to the long-term health of the oil and gas industry. API has long targeted NEPA as an obstacle to building out new oil and gas projects. Now, API is working closely with Schumer and Manchin to inform and change the permitting process; in fact, a leaked draft of the plan has an API watermark on it. A majority of likely voters believe that communities should be centered in permitting reform negotiations, not companies that represent the businesses interests of polluting fossil fuel companies, like API. When asked which group lawmakers should prioritize when developing permitting-reform legislation, 65 percent of voters, including 80 percent of Democrats, 64 percent of Independents, and 50 percent of Republicans, prefer prioritizing input from communities that are disproportionately impacted by new energy projects.
Voters Support Separating Permitting From CR
Schumer has confirmed he will attach the permitting changes to a continuing resolution, a must-pass government spending bill that will keep the government open and funded through the end of the year. When asked about their perspectives on timing for permitting legislation, over half of likely voters, including 59 percent of both Democrats and Republicans, and 61 percent of Independents, agree that lawmakers should consider this permitting plan as a standalone bill.
Voters Prioritize Clean Energy Over New Pipelines
Included in the permitting deal between Schumer and Manchin is a call for Biden to select 25 high-priority infrastructure projects to expedite for approval, which would include a mix of fossil fuel, renewables, transmission, nuclear, carbon capture, and more. The proposal also calls for expedited approval for the Mountain Valley Pipeline, a 303-mile natural gas pipeline that would run from northwestern West Virginia to southern Virginia. A majority of likely voters (56 percent) believe that Biden should prioritize clean energy projects, like wind and solar farms, over fossil fuel projects, like gas plants and pipelines.
Voters Strongly Support the Environmental Justice for All Act
Finally, voters overwhelmingly support the Environmental Justice for All Act, a piece of legislation led by Reps. Raúl Grijalva (D-Ariz.) and A. Donald McEachin (D-Va.) that proposes new measures and strengthens existing laws under NEPA to protect low-income communities and communities of color from pollution. Voters support the EJ for All Act by a +49-point margin, including Democrats by a +83-point margin, Independents by a +49-point margin, and Republicans by a +20-point margin.
Conclusion
As we near the end of September and Congress prepares a continuing resolution to keep the government funded, the conversation around permitting changes will intensify, but voters overwhelmingly think lawmakers should prioritize input from frontline communities over industry groups like API and believe that permitting changes should be considered as a standalone bill. Moreover, voters are enthusiastic about passing legislation that would protect marginalized communities disproportionately burdened by fossil fuel pollution.
Dana Johnson (@danagleeson) is the Senior Director of Strategy and Federal Policy at WE ACT 4 Change
Julia Jeanty (@julia_jeanty) is the Senior Policy Manager at Data for Progress.