Streamline Permitting

Author: David R. Burton, Senior Fellow in Economic Policy

Affordability 101 · Chapter 4: Freedom to Build

Plymouth Institute for Free Enterprise

Topline

Federal and state permitting rules cause large delays and expense on most major projects.

Background

It often takes many years and many millions of dollars to get permission from multiple federal and state agencies to build a new factory, mine, oil or gas wells, power plant (whether using conventional or alternative sources of energy), transmission line, or similar project. The expense and delay involved in securing permits increases costs, drives manufacturing and other industrial production out of the United States, and results in the loss of many high-paying jobs. Incremental reforms have not successfully addressed the problem.

Action Items (Congress and States)

• The law should require that a lead agency be assigned for each application.
  • Other agencies should be required to cooperate with the lead agency. (This is sometimes referred to as a “one-stop shop”).
• The law should require that the lead agency “shall issue” the required permits within a specified period unless the agency establishes, in written findings of law and fact, that clear and convincing evidence demonstrates that the permit should not be issued.
• Congress should create and fund a specialized Article III court (not a captive administrative law court) that can expeditiously resolve permitting disputes, including whether a permit should be granted and whether the information provided is sufficient.
  • Congress should require that all third parties (whether private parties or state or local governments) who wish to contest a permitting decision must engage at this point in the litigation, and it should bar third parties from challenging the granting of a permit in other jurisdictions or venues or at a later date.

How It Would Make Life More Affordable

• Streamlined permitting would increase supply and competition, reduce costs and prices, and enhance wages and opportunity.

Related Federal Legislation: RED Tape Act (H.R. 6398); SPEED Act (H.R. 4776); FREE Act (S. 238, H.R. 689); CERTAIN Act (H.R. 8308); FREEDOM Act (H.R. 7329); SPEED and Reliability Act of 2025 (H.R. 5600).

Related State Legislation: State Permit Transparency and Efficiency Act; By-Right Housing Development Act

Bottomline

The current permitting system is a massive obstacle to prosperity because it reduces competition, sacrifices good jobs, and increases costs and prices.

This memo is part of Affordability 101, Advancing American Freedom’s playbook of 101 policy solutions to make life more affordable.

More Affordability 101 memos »