Commentary: Permitting reform should move America forward, not leave its conservation legacy behind

Good conservation and good public policy have something important in common: Both require us to think beyond the immediate moment. Decisions about energy development, infrastructure and public lands can shape our outdoor opportunities, fish and wildlife and communities for generations. The process for making those decisions matters.

That’s why the current debate over federal permitting reform deserves our attention.

The details of the Bipartisan American Affordability and Jobs Act, or BAAJA, being considered in the U.S. Senate ask us what we’re willing to compromise. Permitting reform should not come at the expense of clean water, healthy wildlife populations, public participation or the ability of future generations to safeguard the places that make this country special.

At the Izaak Walton League of America, we have spent more than a century working to conserve U.S. woods, waters and wildlife. Since 1922, the League has helped establish and defend many of the laws that provide the foundation for that work. We know that conservation is not simply about preserving the past. It is about making thoughtful decisions that allow communities, economies and natural resources to thrive together.

BAAJA includes some constructive elements. Provisions supporting renewable energy development and transmission infrastructure to bring more clean energy onto the grid merit consideration. Improving interagency coordination and making permitting decisions more predictable can benefit communities and responsible developers alike.

But a bill should be judged by its consequences, not just its intentions.

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BAAJA would alter bedrock environmental laws and processes that are designed to ensure resources are adequately protected and to give the public a voice in federal decisions. Its provisions affect review under the National Environmental Policy Act, protections under the Clean Water Act, historical review under the National Historic Preservation Act, and safeguards for wildlife.

The practical effect would be to narrow which effects of development agencies must consider, compress opportunities for public input and consultation, and make it harder for communities, states, Tribes and conservation groups to question potentially harmful decisions – and to advocate for measures to minimize and mitigate impacts of development.

Those public input opportunities are not bureaucratic obstacles. They are how people who live with the consequences of a project bring local knowledge, scientific evidence and legitimate concerns to the table. For tribal nations, this is also about sovereignty, cultural connections, and the ability to protect places that hold deep significance. Several lawmakers have proposed amendments to the bill (some that could alleviate concerns and others that could make things even more challenging), but the path forward for change is unclear – and the broader question remains: Will states, tribes and the public have a meaningful path to influence decisions before they are made?

The stakes are especially clear in northern Minnesota, where the Boundary Waters Canoe Area Wilderness and its surrounding watershed are threatened by sulfide-ore copper mining.

The Boundary Waters is one of America’s most irreplaceable wild places. Its lakes, rivers and forests provide habitat for fish and wildlife, sustain local communities and offer generations of Americans a place to experience the outdoors. These interconnected waters are also uniquely vulnerable to sulfide-ore mining pollution.

For years, community members, business owners, hunters, anglers, tribes, and elected officials have worked to protect this area from harmful mining activities, including development of the highly controversial proposed Twin Metals mine. Federal decisions involving the company’s leases and project approvals have been challenged, and related legal and administrative processes remain key to the area’s future.

BAAJA’s so-called “Project Certainty” provisions are especially problematic in this context. They would drastically limit the circumstances under which federal agencies could revoke, suspend or change certain project authorizations. BAAJA also places new limits on legal challenges and the remedies courts can provide.

For the Boundary Waters, that raises a troubling possibility: Hasty decisions made now to advance a mine could become much harder for a future administration or a court to revisit, even if questions emerge about the legality or adequacy of those approvals. The exact implications will depend on how the law is interpreted. But the potentially disastrous consequences for America’s most-visited wilderness are too significant to dismiss.

All of this is not an argument against building energy infrastructure or improving the permitting process. It is an argument for getting the balance right.

Good permitting should provide clarity and reasonable timelines. It should uphold rigorous environmental review, meaningful public participation, and the ability of government to correct mistakes. Those safeguards are not optional extras. They are essential to making decisions that stand the test of time.

Hunters, anglers and other outdoorspeople understand that healthy lands and waters are the foundation of our traditions and our outdoor economy. We also know that once a watershed is damaged or a wild place is lost, it may be impossible to restore.

Congress has an opportunity to advance permitting reform that serves the public and supports America’s clean-energy future. It should not do so by weakening the measures that have helped conserve our outdoor heritage.

Jared Mott is executive director of the Izaak Walton League of America. He lives in Virginia with his wife and enjoys spending time outdoors hunting, fishing, camping and hiking whenever possible.