09/10/2026 | Press release | Distributed by Public on 09/10/2026 11:25
Washington, D.C. - Today, Representatives Gabe Evans (R-CO) and Scott Peters (D-CA) introduced the Certainty in Litigation for Electric Asset Reliability (CLEAR) Act of 2026, legislation to streamline the buildout of big power line projects. The CLEAR Act would fix the legislative ambiguity that currently leaves Department of Energy (DOE)-coordinated transmission projects prone to excessive litigation and outright obstructionism that can stall critical infrastructure development, kill jobs, and drive up costs for utility ratepayers.
"As America's demand for energy continues to rise, it is crucial that we find new and innovative ways to successfully transfer power in an affordable, safe and timely manner. The CLEAR Act will boost energy production, cut red tape and expedite project timelines, and reduce costs related to transmission projects across our country. I'm proud to help lead this important legislation, and look forward to continuing to prioritize permitting reform as I work to make energy and life more affordable for Coloradans and our nation." - Congressman Gabe Evans
"Californians pay some of the highest electricity rates in the country, and part of the reason is that we can't get transmission projects through the litigation process and built on time. Our grid is too old and too slow to meet our skyrocketing energy demand. We can't wait years for badly needed infrastructure to be built. The CLEAR Act would accelerate the review process for large energy infrastructure projects and establish clear rules for stalled transmission projects, giving developers and local stakeholders the certainty to plan along with relief for ratepayers from rising costs."- Congressman Scott Peters
The CLEAR Act would align judicial review standards for DOE-coordinated transmission projects with those already used for hydropower and natural gas pipelines under the Federal Power Act, ensuring projects are built on time, without unnecessary legal delays.
The Federal Power Act governs the regulation of electricity and interstate power lines and empowers the DOE to act as a coordinating entity between Federal agencies, states, and local governments responsible for siting and permitting transmission lines. However, for DOE-coordinated transmission projects, parties have up to six years to sue, which drags cases through multiple, lengthy legal battles. This leads to confusion and uncertainty for companies who want to plan and invest with confidence, or local stakeholders who want to engage efficiently in the review process.
For example, the North Plains Connector, a proposed 420-mile, high-voltage transmission line connecting the western and eastern electric grids-currently subject to lengthy deadlines - has dealt with unpredictable litigation timelines under the Federal Power Act.
Under the CLEAR Act, projects would have to follow Federal Power Act judicial review standards, including:
A 120-day statute of limitations for filing suit
A requirement that petitioners participate in the environmental review process before litigating, improving upfront engagement and making projects better during the review process, instead of on the back end; and
Direct elevation of challenges to the U.S. Court of Appeals, ensuring stakeholders can reach a final decision faster
Read a one-pager here. Read bill text here.
Background:
As leaders of the Problem Solvers Caucus' Permitting Energy & Environment Working Group, and members of the House Energy and Environment Committee, Reps. Evans and Peters have led several major bipartisan efforts in Congress to overhaul and streamline the federal permitting process for energy and infrastructure projects.
They are the original authors of the CERTAIN Act, a bipartisan bill to speed up energy and infrastructure projects with strict application timelines so agencies cannot stall reviews. It also stops new political leaders from canceling permits that were already approved legally. Their bill has been supported by almost 40 organizations, made up of the people who build, power, and maintain America's infrastructure.