Congress must act now on permitting reform to promote jobs and lower costs in Pennsylvania

In my first remarks as the Representative for the 12th District, I made clear that boosting domestic energy production and addressing regulatory burdens were two of my top policy priorities. As a major producer of domestic energy, Pennsylvania companies should not be stymied by burdensome, outdated laws and frivolous litigation that prevent us from building. That’s why it’s critical for our Representatives in Congress to take decisive action on permitting reform to secure our American energy future and avoid yielding to adversaries.

As a result of arcane and restrictive laws and regulations that stifle energy projects, U.S. power generation has stagnated for over a decade – holding back energy production at the worst possible time. By 2030, U.S. energy demand is projected to rise 25 percent as AI and advanced industries expand. At the same time, China now possesses more than double the generation capacity of the U.S., having increased its capacity by 600 percent since 2000. When we can’t build, Americans pay the price beyond just higher utility bills. Lagging behind China and others presents an immense national security threat, especially in the ever-expanding race to power AI superiority. 

As Chair of the Pennsylvania Artificial Intelligence Opportunity Task Force and having introduced a package of legislation that would allow Pennsylvania to flourish as a leader in AI by reducing overregulation and barriers to innovation, I’m committed to addressing the national security risks of AI dependence on adversaries. Congress must share that same passion, as these converging forces are a recipe for disaster without permitting reform. 

Perpetual delays in the permitting system and roadblocks at every step of review are restricting investment in new projects, restricting new job growth, and restricting new energy production. Much of the issue lies in well-intentioned legislation that is too outdated to adequately meet the unprecedented energy demands of today, too vague to prevent abusive lawsuits and stall tactics, or both.  

The National Environmental Policy Act (NEPA) is a prime example of this. Enacted more than five decades ago, its vague language has led to more lawsuits than any other environmental law. While intended to ensure that environmental factors of major federal projects were properly considered, in practice, the law has been weaponized beyond its original intent, resulting in slow reviews and prolonged litigation by third-parties who often don’t even live in the state where these projects are developed. To curb that problem, Congress must enact reforms that bring commonsense to agency reviews and end the lawfare that delays and kills critical energy and infrastructure projects.

Congress should also clarify the meaning of the Clean Air Act (CWA) by simplifying its scope and requiring enforceable certification timelines for energy projects. Currently, the CWA can be exploited through a narrow section of the law that allows states to certify that federally licensed projects comply with state water quality standards. States have been known to weaponize the process by denying certification not out of concern for actual water standards, but instead over unrelated ideological differences, infusing partisan politics into a process meant to protect water. 

Decades-old laws and bureaucratic red tape have gone unaddressed for too long. Amending these laws and regulations through permitting reform to better allow for timely and necessary energy production need not come at the environment’s expense. Eliminating inefficiencies and partisan abuse while maintaining essential environmental protections would pave the way for American energy dominance and in turn an economic boom for working-class Americans.  

Fixing the federal permitting process must be a bipartisan priority. The current system is broken, with outdated laws exposing Pennsylvania to costly litigation and red tape. Durable congressional action from our delegation from Pennsylvania is necessary to provide clarity and stability for developers and federal agencies alike. Doing so would result in a safer, more affordable, and energy-secure Commonwealth, all without compromising environmental protections.

Rep. Stephenie Scialabba has represented Pennsylvania’s 12th district in the Pennsylvania House of Representatives since 2023.