As Feds Fast-Track Energy Projects, States and Tribes Raise Concerns

As Feds Fast-Track Energy Projects, States and Tribes Raise Concerns

A recent executive order seeks to advance energy infrastructure projects by accelerating federal environmental reviews.

States and tribes are weighing the potential impacts of a recent executive order fast-tracking the permitting of energy projects. The order, "Unleashing American Energy," seeks to accelerate federal environmental review processes to advance energy infrastructure projects.

As a result, energy officials from 10 states have launched an initiative to accelerate advanced nuclear power projects in their jurisdictions, focusing on reducing costs, streamlining federal permitting and advancing financing options. For example, New York Gov. Kathy Hochul's 2025 state energy plan prioritizes building new nuclear plants and easing permitting rules to ensure energy remains affordable and reliable.

Additionally, at least a dozen governors urged Congress to reform federal permitting and regulation so energy infrastructure projects can progress more efficiently. They requested streamlined, unbiased processes for all types of energy projects, including nuclear power. Testifying on behalf of the National Governors Association last year, North Dakota Gov. Kelly Armstrong argued that a "broken permitting system" hinders infrastructure development and called for "efficiency, certainty and transparency" to let states "go to work."

Highlighting the interest in advanced nuclear energy development, the governors of Utah, Idaho and Wyoming recently signed a tristate agreement to guide regional energy policy. Utah Gov. Spencer Cox explains in a press release that the compact is aimed at boosting energy resilience, coordinating infrastructure efforts, supporting practical federal policies, and speeding up the development of dependable and affordable nuclear energy. He further says the agreement supports Utah's goal to become a leading center for advanced nuclear energy and emphasizes the importance of cooperation among states in ensuring a secure and plentiful energy future.

Environmental Concerns

Several states and tribal advocacy organizations, however, have raised concerns about how the accelerated permitting processes may shortchange long-established environmental review protocols. For instance, Arizona Gov. Katie Hobbs halted legislation in 2024 that would have fast-tracked nuclear development by removing certain regulations and oversight for small modular reactors.

Likewise, the New Mexico Environmental Law Center has expressed concerns about the expedited permitting process for new or continued uranium mining projects recently submitted for environmental reviews. Uranium is a vital component in producing nuclear fuel and is used in nuclear power reactors across the U.S. and around the world. Certain sites in New Mexico are being considered for uranium mining, including the Jara Mesa Mine near Mount Taylor, which has cultural significance as one of the four sacred mountains for the Navajo and Pueblo people.

The proposed Dewey Burdock uranium mining project in South Dakota's Black Hills was selected by the Trump administration last year for the FAST-41 permitting program, which can reduce a project's review time by 18 months. The program raises concerns about the federal government's responsibility to consult with tribes that might be impacted by federal projects, Dewey Burdock included. The Black Hills Clean Water Alliance opposes the project because of its potential threat to groundwater and human health.

While federal fast-track permitting efforts aim to advance nuclear energy and infrastructure projects, offering economic and energy benefits to many states, these initiatives also raise concerns for states and tribes about the potential for weakened environmental protections, overlooked cultural sites and inadequate tribal consultation.

As noted by the responses from states and tribes, the path forward requires balancing progress in nuclear energy development with the preservation of key safeguards for communities and the environment.

Tansey Moore is a policy specialist providing lead support to NCSL's Nuclear Energy Tribal Working Group.