The Status of Federal Permitting Reform and Implications for Infrastructure, Energy, and Industrial Projects

These days, the delays and costs caused by environmental review and permitting — and the inevitable litigation over the same — make it difficult, if not impossible, to build the infrastructure we need, with costs borne by companies and Americans alike. In response, Republicans and Democrats both agree on the need for permitting certainty to accelerate infrastructure development in an age of increased energy demand. However, dynamics between the White House and Congress have complicated the process.

On March 10, 2026, Arnold & Porter met the moment by hosting a policy briefing examining the status of federal permitting reform for infrastructure, energy, and industrial development. With bipartisan agreement converging around the need to modernize the federal permitting process, the discussion focused on what is at stake if momentum stalls.

The panel, headlined by Arnold & Porter’s Ethan Shenkman, an expert in permitting large infrastructure projects, and moderated by Bree Raum of the firm’s legislative practice group, brought together congressional staff and industry to discuss current permitting reform legislation, implications for industry, and the path forward. Representatives from the renewable energy and natural gas sectors, as well as senior legislative advisors from both sides of the aisle, offered a rich cross-section of perspectives on the issue. Panelists included:

• Ethan Shenkman, Partner, Arnold & Porter Environmental Practice Group
• Jeremy Horan, Vice President of Government Affairs, American Council on Renewable Energy
• Rob Mosher, Vice President of Government Affairs, Interstate Natural Gas Association of Americas
• Martha Gallagher, Senior Legislative Assistant, Congressman Gabe Evans (R-CO-08)
• Ziyan Sears, Senior Legislative Assistant, Congressman Scott Peters (D-CA-50)

Panelists largely agreed that the existing federal permitting framework — particularly under the National Environmental Policy Act — has become increasingly duplicative, unpredictable, and misaligned with current infrastructure and energy needs. Industry representatives highlighted that lengthy review timelines and uncertainty disincentivizes domestic and foreign investments in U.S. infrastructure.

Drawing on his recent Environmental Law Institute article, “The Abundance Agenda: Seizing the Opportunity for Bipartisan Progress,” Ethan Shenkman highlighted what he described as an inflection point for environmental law. He underscored that legislation, such as the CERTAIN Act, the authors of which appeared on the panel, could meaningfully alter judicial review provisions, potentially reducing litigation-related delays for projects. Shenkman urged practitioners to consider how these changes could reshape the legal landscape for project developers and regulators alike.

Bree Raum cautioned that the legislative window for permitting reform may be narrowing. While permitting reform is receiving historical bipartisan and cross-industry support, she noted that potential changes in House and Senate leadership following the 2026 midterm elections could complicate efforts to pass a comprehensive permitting reform package.

With U.S. energy demand growing at a pace never seen before, as well as the increasing need for artificial intelligence-related infrastructure buildout, panelists emphasized a shared sense of urgency. The opportunity for reform exists now — but the runway is getting shorter every day.

Arnold & Porter has developed a strong team of experts in permitting reform, advising clients throughout the industry. Stakeholders wishing to learn more are encouraged to reach out to the firm.

As of this publication, the House has passed the SPEED Act and introduced the CERTAIN Act, showing increased interest in congressional action. Additionally, Senate Democrats have reopened negotiations on a permitting reform package, with both sides of the aisle hoping to pass something this Congress.

© Arnold & Porter Kaye Scholer LLP 2026 All Rights Reserved. This Blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.