API backs Cornyn legislation continuing nationwide permit process despite federal court decisions

Following blockages caused by recent federal court decisions, U.S. Sen. John Cornyn (R-TX) introduced American Petroleum Institute (API)-backed legislation that would assure the continuation of the Nationwide Permit program, allowing the U.S. Army Corps of Engineers (USACE) to proceed as normal through December 2026.

The bill would allow the USACE to maintain its current NWP process and procedures without offending the Endangered Species Act or Clean Water Act. Still, both the USACE and other project proponents would have to comply with other existing requirements of their permits, with documentation provided assuring that each authorized activity will not impact endangered species or certain designated habitats. API called it a short-term solution, but a welcome one, that allows continued development of critical infrastructure projects.

Both API and Cornyn have posited the legislation as an effort to maintain stability amid economic straits already made dire by the ongoing COVID-19 pandemic.

“We’re pleased the Senate realizes how critical energy infrastructure projects will be to rebuilding our economy and the importance of a predictable, commonsense permitting process,” Robin Rorick, API’s vice president of midstream and industry operations, said. “Even with the Supreme Court’s recent order, continued uncertainty in the courts requires legislation that ensures all industries—including renewable energy, electricity, and telecommunications—can continue to rely on Nationwide Permits for infrastructure projects for years to come.”

The bill would cast a wide net, affecting all existing NWPs and industries.