Permitting Reform Needed As Energy, Data Center Demand Surges
Panelists differ on whether to overhaul permitting laws or revise them.
WASHINGTON, April 20, 2026 – Federal permitting rules need to reform, policymakers and industry officials said Monday, warning that delays are slowing energy infrastructure development as demand rises.
Speakers at an American Enterprise Institute panel pointed to growing energy demand and infrastructure constraints, alongside permitting processes that can take years to complete.
The Trump administration views permitting reform as central to expanding U.S. energy production and exports, Brittany Kelm, senior policy adviser at the National Energy Dominance Council, said.
“The more we can produce here, the more we can supply our allies,” Kelm said, describing energy dominance as the ability to export energy abroad without restriction.
She said energy projects involve multiple federal agencies, including the Departments of Interior, Energy, Transportation, Commerce and the Environmental Protection Agency.
Kelm also pointed to liquefied natural gas exports as a key measure of U.S. energy dominance.
Permitting delays are contributing to a growing gap between energy supply and demand, John Dabbar, executive director of the National Petroleum Council, said.
He said reviews can take four to five years, with litigation and overlapping regulatory processes adding further delays and uncertainty.
Dabbar pointed to rising energy demand, including increased natural gas use and growing electricity consumption after years of flat growth, as well as expanding U.S. energy exports.
He warned that stalled infrastructure development is creating bottlenecks that increase costs and slow investment.
Marc Levitt, director of environmental regulatory reform at the Breakthrough Institute, said litigation is “structurally embedded” in federal environmental review under NEPA, contributing to uncertainty and delays.
He added that the permitting system is fragmented and lacks the capacity to deliver predictable outcomes.
Myron Ebell, chairman of the American Lands Council, took a more critical view, arguing that the threat of litigation discourages developers from pursuing projects.
“The process is so long that most people who start give up,” Ebell said, describing what he called a “lawsuit racket.”
Levitt cautioned against eliminating environmental review, instead calling for reforms that improve certainty, coordination, and public participation.
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