Mr. Manchin, who brokered a surprise deal last week among Democrats to pass landmark climate legislation, made easing permits for energy projects a condition of the deal. On Monday, his office released details of the side deal he struck with Sen. Chuck Schumer of New York, the Democratic Majority Leader, House Speaker Nancy Pelosi and President Biden. It will ensure that federal agencies “take all actions necessary to permit the construction and operation” of the natural gas line, known as the Mountain Valley Pipeline. The project — which has been opposed for years by environmentalists, civil rights activists and many Democratic state lawmakers in Virginia — would carry natural gas from West Virginia’s Marcellus shale fields into nearly 1,000 streams and wetlands before ending up in Virginia. The pipeline was originally supposed to be completed by 2018, but environmental groups successfully challenged a number of federal permits for the project in the United States Court of Appeals for the Fourth Circuit in Richmond, Virginia. The court overturned permits issued by the Fish and Wildlife Service, the Bureau of Land Management and the Forest Service, saying their analyzes of adverse effects on wildlife, sedimentation and erosion were flawed. The delays have been so extensive that the project’s certification from the Federal Energy Regulatory Commission will expire in October. The developers are seeking an extension for the second time. Jared Margolis, a senior staff attorney for the Center for Biological Diversity, one of the groups fighting the pipeline, acknowledged that Congress does have the ability to bypass the courts and move the project forward. But, he said, “That’s not going to prevent a challenge” from rivals. The side deal cut by Mr. Manchin and Democratic leaders would give the United States Court of Appeals for the District of Columbia Circuit jurisdiction over all future legal challenges, removing the case from the Fourth Circuit, where environmentalists have had success. Other parts of the deal would make it harder for opponents to halt energy projects under the National Environmental Policy Act, a key environmental law, by setting a two-year time limit on challenges. It would also require the president to create 25 “priority” projects on federal lands that must include fossil fuels and nuclear power. And it would overhaul a section of the Clean Water Act in a way that would make it harder to block or delay pipeline projects. Neither Mr. Schumer nor Ms. Pelosi responded to requests for comment. A White House spokesman also did not respond. Some Democrats such as Raul Grijalva, the chairman of the House Natural Resources Committee, have said they will not support any measure that accelerates pipelines or other energy projects. But three people familiar with Mr. Manchin’s deal said Democratic leaders are likely to include the Mountain Valley pipeline and allow provisions in a must-pass bill, such as the federal funding bill, to maximize her chances. Mr. Manchin said Monday that he believes the United States needs to reform permitting rules to increase energy production. “Why do we go around the world asking people to do what we want done for us?” Mr. Manchin said. “How can we get a licensing process to address the challenges we have today and the urgency we can’t do because of our licensing.” Environmental activists denounced the Mountain Valley pipeline and the permitting deal and called on Democrats to renegotiate that deal with Mr. Manchin. “The implications of this side deal are very significant, especially as Congress prepares to accelerate the development of energy projects,” said Abigail Dillen, president of Earthjustice, an environmental group. He said he was particularly concerned that limiting the time to review and challenge projects could allow developers to “run roughshod over communities”. Opponents of the Mountain Valley Pipeline called Mr. Manchin’s deal dangerous to water quality and the climate, noting that building a new pipeline would guarantee additional greenhouse gas emissions in the future. The pipeline is expected to deliver more than two billion cubic feet of natural gas per day. Notably, none of the environmental groups asked lawmakers to vote against the climate and tax package, which currently includes $369 billion over ten years to wean the nation off fossil fuels. Energy experts have estimated that the overall package would cut emissions as much as 40 percent below 2005 levels by the end of this decade, even with the easing of permits and other measures that Mr. Manchin has secured for the development of fossil fuels. Some called the licensing deal a win for all energy development. “This seems like a balanced approach to me,” said Neil Chatterjee, former chairman of the Federal Energy Regulatory Commission. Mr Chatterjee said making it easier to get permits for projects could also help more quickly add wind, solar and other renewable energy to the electricity grid. Mr. Schumer has said he hopes to have a vote on the broader climate and tax bill as early as this week.
