Tom Evslin: ‘We’re standing in our own way’ on building energy and infrastructure

This commentary is by Tom Evslin of Stowe, an entrepreneur, author and former Douglas administration official. It is republished from the Fractals of Change blog.

We can have it all. We can bankrupt Putin. We can have affordable energy for our citizens and the Europeans who will otherwise surrender to energy blackmail. We can even reach zero net emissions in a reasonable amount of time. We can be not only the arsenal but the dynamo of democracy.

Tom Evslin

We’re not on track to do any of these good things. We’re standing squarely in our own way.

Our problem is an inability to build anything significant in real time. It takes decades to build a highway or new train track. Pipelines don’t get built at all in the US anymore. The 100-year-old electrical grid is sparking wildfires and isn’t in the right places to let us use renewable energy effectively. We need nuclear power as a clean source of electricity if we want to electrify most things, but “it’ll take forever to build new nuclear plants.” Offshore oil and gas wells and wind turbines make sense. Good luck in getting them built. During the great recession of 2008, we allocated almost a trillion dollars for recovery and found that nothing in America is shovel ready. No significant new infrastructure got built.

Construction isn’t the problem. Most things only take a year or two to design and two years to build. Bridges that fall are replaced within two years. Vermont replaced its roads wiped out by Tropical Storm Irene in less than a year. Ukraine replaces bombed rail lines almost overnight. China started building the fast train between Beijing and Shanghai as a public work to counter worldwide recession in 2008. I rode that train in 2011.

Even permitting is only part of the problem. Initial hearings often take up two years. That could be cut to one but permitting isn’t the cause of most of the delay.

Post-permit delays have crippled the ability of our country to build. Once a permit has been issued, the appeals begin. The appellants ask for and obtain restraining orders to stop construction. At almost no cost to themselves, anyone can impose the enormous cost of infrastructure delay on the builders and on the country which must do without the needed infrastructure. After the first decade of delays, the opponents start to claim – correctly – that the design is out of date. The builders either stick with the outmoded design or risk resetting the clock by redesigning and reentering the permit process.

Once the legal appeals have been exhausted, the illegal protests start. If it’s a big enough project, you can count on some Hollywood celebrities showing up in front of the cameras with locals who are affected by the project and politicians calling for further study. A new administration can score political points by reversing permits given by its predecessor (see the Keystone Pipeline). BTW, the real opponents of a project – the ones who put up money to stop it – are often commercial competitors; they try to stay away from the cameras. Fossil fuel companies and solar promoters don’t like wind turbines; green entrepreneurs don’t like gas pipelines. None of them like nuclear.

Here’s a pathetic example of tolerating intolerable delay. The US Forest Service uses controlled burns to prevent massive wildfires. These controlled burns require permits. The Montana-based Property and Environment Research Center published a report.

“Once the Forest Service initiates the environmental review process, it takes ​​an average of 3.6 years to begin a mechanical treatment and 4.7 years to begin a prescribed burn.

“For projects that require environmental impact statements—the most rigorous form of review—the time from initiation to implementation averages 5.3 years for mechanical treatments and 7.2 years for prescribed burns.”

If a project is appealed, the average time goes up to 9.4 years! Of course what really happens is the forests which needed the treatment often go up in smoke in the meantime.

The three-step fix

  1. All federal permits must be issued or denied within 18 months of application. The requirements must be rigid but predictable.
  2. We must restate and reassert federal primacy in all interstate projects. This used to be the rule and it is what Constitution provides for. Politics eroded this so, for example, NY State was allowed to block federally approved pipeline projects to bring much-needed Marcellus gas to New England because that’s what Cuomo wanted.
  3. No injunctions or restraining orders can be issued for permitted projects unless the opponents post a bond equal to the likely public and private cost of delay. If the appeal succeeds, the project stops (or is changed) and the bond is returned with interest. If the appeal fails, the bond reimburses the cost of delay.

No project will be perfect. Some will be seriously flawed. The cost of the flaws will be far, far less than the cost of delay.

Only Congress can pass these reforms. They are not partisan issues any more than forest fires are. These delays affect our ability to generate and use carbon-free energy as much or more than our ability to use clean natural gas and keep home heating and travel affordable. We can’t build back better if we can’t build at all. It would be great if Congress would start to act now. Given the Supreme Court’s decision in West Virginia v EPA, congresspeople can no longer hope that nameless bureaucrats will take on policy issues that are politically risky to address. These elected congresspeople must make tough decisions themselves. That is what we pay them to do.

We run a good chance of both great economic hardship and western democracies succumbing to energy blackmail if we don’t immediately get our act together.

If we do pass reforms which let us build again, we won’t need federal funds for most infrastructure projects. Private money will rush in to fund good projects once the threat of unpredictable delay is gone. We will build back much, much better. We will have affordable energy, good roads, new railroads, and pipelines, and the electric grid we need as well as less catastrophic forest fires and a cleaner environment. We will be the dynamo democracy needs.

Image courtesy of Vermont Agency of Transportation
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10 thoughts on “Tom Evslin: ‘We’re standing in our own way’ on building energy and infrastructure

  1. Tom Evelin brings up some good points.
    However, the problems he mentioned have insidious origins.

    Government usually leads to centralized command/control and overreach, in the name of doing good

    Overreach needs to be subject to real, not lip-service, checks and balances, as called for in the US Constitution

    At present, the federal government is commanded and controlled by a large posse of bureaucratic ideologues who show the results of their incompetence every day; CPI inflation at 9.1%; PPI inflation at 11.5% in June 2022.

    Prior to this, Most Americans did not know such people existed, because they had near zero visibility/influence.

    Those folks will make the problems mentioned by Tom Evelin far worse.
    The net effect will be a U.S. tied in knots of rules and regulations, without checks and balances.

    I hope SCOTUS steps in soon to stem the tide of federal government overreach.

  2. As U.S. President Ronald Reagan once said, “Government is not the solution to our problems, government IS the problem.”

  3. It does not pay to solve problems..
    Do you understand that all that the article lists as issues is an economy?
    These are jobs, this is all a jobs program..
    There is money being made on all those layers, layers that now have strangled us.

    This is just like cancer, the drug crisis and every other crisis we have, none of it will ever be solved.
    Just like we witnessed up close and personal with the insane, nation destroying reaction to Covid,
    an entire Covid economy was quickly built and layer after layer, vaccine after vaccine and booster after booster..the real disease that was spreading what the disease of greed.
    And they are still beating that drum to keep on rolling in the money !!

    We are being swallowed up in corruption because so many people worship the Almighty Dollar.
    And this is why we cannot progress..
    We are not Free People and enslaved populations cannot do a whole lot.
    Here we are.

  4. Its actually worse then stalling building. During Irene all the so-called needed, must have environmental regulations were eliminated to speed repairs to roads and bridges, and other things. Not one single claim of impossible environmental damage has ever been documented — Not one single liberal has come forward to ask why do we even have these regulations!

  5. Liberals & Enviros figured out long ago the best way to win…is to SUE…file all kinds of motions, go to court, appeal if you lose. Make the other side pay. Then, “Stall, Delay and Deny”…. this is called….”LAWFARE”.

    In Vermont you see it often with..The Conservation Law Foundation & The Nature Conservency….and then look to the Sierra Club…and a myriad of other smaller Militant Activist Enviro groups…and I’d bet a common tie in is George Soros funding 🙂

    • The formation of Western civilization is based up on the Bible, people who disagree haven’t rea d the book, because it’s all in there. How to set up a country.

      We missed one thing. In the Bible it states, if somebody falsely sues another, they should pay the penalty they were trying to impose.

      Just think what a magnificent and desperately needed change that would make across the United States and the Globe for that matter.

  6. Tom, excellent article, too bad the ones in control, are not listening. Your three-step approach
    could “should ” easily be implemented, especially step 3 put up or shut up with a bond !!

    With all the ingenuity we have, being stifled by do-gooder ” red tape ” if they don’t like it as part
    of their agenda, just tie it up in the courts even if it’s for the good of the state or country.

    The country and that state are like being on the titanic…………. and it’s not good !!

  7. Some truth here for sure.

    Look how quickly Vermonters rebuilt after Irene. Only difference was they did an emergency ban on all permits.

    Just think if it were easy to build a little house? We’d have no homeless.. no housing issue.

    Just think if it were easy to build a little school?

    Just think if it were easy to build a little business?

    Just think if it were easy to build an inexpensive, highly efficient car?

    We are our own worst enemy. We’re a hot mess, yet so filled with pride we think we’re on the right track….

    • Vermonters are a hearty folk. Nearly everyone with an excavator did whatever they could to help post-Irene, for example; so people could get to school, work, shop for food, etc. I heard after-the-fact that the Feds failed to compensate, because the quick response efforts were not approve by themselves; another sign of fed incompetency. The quicker Vermont gets off the teet of the Feds, the better!

    • Neil –
      Our response to Irene showed that Vermonters, when not hampered by Montpelier, can accomplish and correct almost anything.
      After the “lawless rabble” fixed things, the cowering bureaucrats returned to criticize.
      Please, just leave us alone!

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