PolicyBrief
H.R. 301
119th CongressMar 5th 2026
GEO Act
AWAITING HOUSE

The GEO Act mandates the Secretary of the Interior to continue processing geothermal leasing applications despite pending civil actions, unless a court specifically vacates the lease or issues an injunction.

Celeste Maloy
R

Celeste Maloy

Representative

UT-2

LEGISLATION

New GEO Act Speeds Up Geothermal Permits, Even With Lawsuits Pending

Alright, let's talk about the Geothermal Energy Opportunity Act, or the GEO Act. Essentially, this bill is looking to put some pep in the step of geothermal energy projects. It tells the Secretary of the Interior, the big boss for federal lands, that they have to keep processing applications for geothermal drilling permits, rights-of-way, and other necessary paperwork, even if someone's filed a lawsuit trying to stop or challenge them. The only real pause button is if a federal court has already stepped in with a specific order to halt things. Once all the environmental reviews and other legal hoops are jumped through—think NEPA and the Endangered Species Act—the Secretary has a tight 60-day deadline to make a decision: approve, issue, or deny.

The Fast Track for Geothermal

So, what's this really mean? For geothermal energy developers, this is like hitting the express lane. Right now, a lawsuit, even if it's just getting started, can throw a huge wrench into project timelines, costing time and money. This bill, by requiring continued processing, aims to cut down those delays. If you're a company looking to tap into underground heat for clean energy, this could significantly speed up getting your project off the ground. It's designed to push forward renewable energy development, which sounds good on paper for broader energy goals.

Legal Challenges Take a Backseat?

Here's where it gets a bit tricky. While the bill doesn't strip federal courts of their power to issue injunctions or vacate leases, it does create a scenario where projects can keep moving forward despite ongoing legal challenges. Imagine an environmental group or a local community group raising concerns about a project's impact on local water supplies or endangered species, and filing a lawsuit. Under the GEO Act, the government could still be ticking along, processing permits, possibly even approving them, while that lawsuit slowly winds its way through the courts. This could mean that by the time a court makes a decision, a project might already be well underway, making it harder to reverse course. It essentially shifts some of the burden onto those challenging projects to get a court injunction quickly, rather than the process naturally slowing down during litigation.

The 60-Day Sprint and What It Means

That 60-day deadline for the Secretary to make a decision after all legal and environmental requirements are met? That's a pretty tight turnaround. While it's meant to prevent bureaucratic drag, it also raises questions. Are federal agencies going to have enough time to thoroughly review complex geothermal projects within two months, even after initial studies are done? If you're an agency staffer, this could mean a lot of pressure to push decisions through, potentially leading to less rigorous final checks. The bill also defines "authorization" super broadly, covering pretty much any administrative decision needed for a geothermal project. This means this accelerated processing could apply to a wide range of steps, not just the big ones, potentially amplifying the effects of this fast-tracking across the board. It's a classic trade-off: speed versus potentially thorough, unhurried review, and how that balances out for both energy development and environmental protection is something to watch closely.