In a statement released on Tuesday morning, Senate Energy Committee Chair Joe Manchin (D-W.Va.) announced his intention to lead a Congressional Review Act (CRA) resolution to reverse the Biden administration's final rule on permitting. Manchin, a vocal advocate for reforming the permitting process, criticized the administration for deviating from the bipartisan agreement reached in the Fiscal Responsibility Act.

Manchin expressed his disappointment, stating, "All the White House had to do was implement the commonsense, bipartisan permitting reforms in the Fiscal Responsibility Act, that all sides agreed upon, but once again they've disregarded the deal that was made, the intent of the law that was signed, and are instead corrupting it with their own radical agenda." He further warned that the administration's rule would result in costly delays and litigation.

The Energy Department's rule seeks to streamline categorical exclusions, which are permits that are considered to have minimal environmental impact and therefore do not require a full review. Additionally, the rule aims to undo Trump-era regulations that, according to the Biden Energy Department, hindered public participation in the commenting process.

Senator Manchin, who previously announced that he will not seek reelection, has been at the forefront of previous CRA resolutions to overturn several energy policies established by the Biden administration. The CRA permits the repeal of federal rules through a simple majority vote in both chambers of Congress, but the resolutions are still subject to potential vetoes by the president.

Manchin has also aligned with Republicans in supporting CRA resolutions targeting rules on the Endangered Species Act and environmental and sustainable governance implemented by the Labor Department. Moreover, he has backed a resolution seeking the reinstatement of tariffs on solar panel parts that were paused by President Biden.

Thus far, President Biden has vetoed every CRA resolution aimed at reversing the administration's energy and environment-related rules. With Manchin leading the charge, the forthcoming CRA resolution against the permitting rule will likely spark a heated debate in Congress regarding the direction of environmental policy.

It remains to be seen how the resolution will fare, as lawmakers navigate through potential vetoes and the broader implications for the energy and environmental landscape.