SE North Carolina News

Senators Ted Budd (R-NC) and Cynthia Lummis (R-WY) have introduced the Full Responsibility and Expedited Enforcement (FREE) Act, aiming to reform the federal permitting process through a 'permit by rule' system. This system would enable applicants to certify compliance with pre-established criteria to obtain permits automatically unless an agency identifies improper certifications within a specified timeframe.

Senator Pete Ricketts (R-NE) has cosponsored the legislation, while Rep. Celeste Maloy (R-UT) has introduced a companion bill in the U.S. House of Representatives.

"All too often, the federal permitting process moves at the snail’s pace of government," stated Senator Budd. "This slow, expensive, and confusing system is not acceptable and reduces economic growth. That’s why I’m proud to partner with Senator Lummis to introduce a ‘permit by rule’ system to federal permitting. This approach will reduce bureaucratic delays, reduce compliance costs, and create a transparent and predictable regulatory environment. Responsible applicants should not be subject to the damaging and unpredictable delays of the current case-by-case approval process."

Senator Lummis added: "This administration has a well-documented history of mucking up our nation’s permitting process with unnecessary red tape, awarding unnecessary authority to D.C. bureaucrats while Wyoming businesses suffer. If we want to get serious about addressing widespread infrastructure concerns and empowering American industry, we need to establish a clear and transparent permitting process that delivers timely decisions based on objective criteria, not subject to the whims of left-wing bureaucrats."

The FREE Act mandates agencies evaluate their current systems for feasibility in adopting a permit by rule approach, submit detailed reports within 180 days outlining issued permits and requirements, and establish a permit by rule application process within 12 months. Permits meeting all required certifications would be automatically approved if no objections are raised within 30 days.

Additionally, agencies would retain audit rights over applications to enforce compliance with substantive standards, including denying or halting non-compliant permits. Applicants can appeal denied or halted permits in district court under provisions favoring those who made good faith efforts at compliance. The act also prohibits settlement agreements that undermine its enforcement.