Permitting Reform Advocates Seek Amicus Brief Opportunities for Key Cases

Thomas Hochman, Director of Infrastructure Policy at the Foundation for American Innovation, has issued a public call for important permitting cases that could benefit from an amicus brief. Hochman, alongside the account @Allinallnotbad, is soliciting submissions to bolster legal arguments in ongoing or upcoming permitting disputes. This initiative highlights the growing focus on legal strategies to influence the nation's complex permitting landscape.

"On that note: If anyone has any important permitting cases that could use an amicus brief, please send it my or @Allinallnotbad’s way :)," Thomas Hochman stated in a recent tweet.

Amicus curiae, or "friend of the court," briefs are legal documents filed by non-litigants to offer information, expertise, or insights relevant to a case. These briefs are often used by advocacy groups to articulate broader public policy implications or provide technical context that might otherwise be overlooked by the parties directly involved. The discretion to consider such briefs typically rests with the court.

Hochman is a prominent voice advocating for significant reforms to environmental review processes, particularly the National Environmental Policy Act (NEPA). He has previously testified before the U.S. House of Representatives, arguing that current permitting systems are a major barrier to infrastructure development, energy expansion, and job creation. His work emphasizes the procedural nature of NEPA, which he contends often delays projects without ensuring substantive environmental protections.

The call for cases comes amidst recent legal developments, including a November 2024 D.C. Circuit Court decision that challenged the Council on Environmental Quality's (CEQ) authority to issue legally binding NEPA regulations. This ruling, which Hochman described as a "massive development," could significantly alter the regulatory framework for federal environmental permitting if it stands. Such legal shifts underscore the strategic importance of amicus briefs in shaping judicial interpretations and policy outcomes.

The ongoing debate surrounding permitting reform involves legislative efforts like the SPEED Act, which aims to streamline NEPA processes by redefining "major federal action," focusing the scope of review, and reforming judicial review timelines. Advocates argue these reforms are crucial for accelerating critical infrastructure projects, deploying clean energy technologies, and fostering economic growth by reducing project uncertainties and litigation risks.