permitting reform
How to Create Permit Certainty?
What might be a good path forward for the FREEDOM Act?
This is the third post in a series looking at the most recent proposed legislation for permit certainty, the FREEDOM Act. Part one, discussing why Congress is considering permit certainty and its importance, is here. Part two, analyzing the strengths and weaknesses of the bill, is here. The good parts of the bill – making …
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CONTINUE READINGAnalyzing the FREEDOM Act
Permit certainty bill has beneficial judicial review provisions, but problematic provisions for damages and compensation.
This is the second post in a series on the FREEDOM Act, a bill in the House of Representatives to address the issue of permit certainty. Part one, explaining why permit certainty is now a hot topic in Congress, is here. All of the reforms in the FREEDOM Act turn on the creation of a …
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CONTINUE READINGThe FREEDOM Act and Permit Certainty
Permit certainty bill has potential, but also some problems that could make it unworkable
As one advocate for permitting reform aptly noted, “permit certainty” is now a prerequisite for any action on permitting reform in this Congress. That’s because the Trump Administration’s war on renewable energy means that Democrats have no desire to do a deal that would not, in practice, make a difference for investment in new clean …
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CONTINUE READINGThe details of SEQRA reform
Looking at the specifics of how New York’s SEQRA reform efforts would work
I recently posted about proposed legislation in New York, advanced by the governor, to reform the state’s environmental review law (the State Environmental Quality Review Act (SEQRA)) to facilitate infill housing – an approach similar to what California did last year. There’s now legislative text (available here) available to allow a close review of what …
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CONTINUE READINGSEQRA Reform
No, not CEQA, SEQRA. New York appears to be following California’s lead in overhauling state-level environmental review.
New York Governor Hochul this week proposed amendments to New York’s State Environmental Quality Review Act (SEQRA). The press release has a breathless title: “Let Them Build.” But the proposal itself appears to be very similar to what California just enacted. Housing projects in already developed areas, along with some other similar projects, such as …
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CONTINUE READINGCreating Lease Certainty
There are some steps Congress could take to increase certainty for energy leases on federal lands, but there will be tradeoffs.
As my prior two posts noted, there are substantial legal authorities that allow an executive to suspend or cancel leases for energy development. In the case of on-shore leases, that power might be extremely broad. And with an Administration that appears to use its powers to pursue political grudges and to push the envelope on …
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CONTINUE READINGCanceling Onshore Leases
The executive may have broad authority to cancel onshore leases, perhaps even without compensation. Congress might want to fix that.
My last post covered the likely power that the Administration has to cancel off-shore leases for wind projects – a power that it probably has, if it was to ever get its act together. But even though the Administration has not yet used it, I think it probably has even broader power to cancel leases …
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CONTINUE READINGCan They Do That?
The feds probably do ultimately have the authority to shut down offshore wind farms – if they ever get their act together.
This week, three different offshore wind projects that were targeted with shutdown orders by the Trump Administration won preliminary injunctions against those orders. Those lawsuits are in response to a blanket order in December from the Trump Administration, issuing stop work orders to all off-shore wind projects in the United States. (For some projects, this …
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CONTINUE READINGOn the theory of permitting certainty
It’s a hard problem to solve. There might be lessons from housing and land-use.
What is being called “permitting certainty” is now a central component of any permitting reform that might pass through this Congress. Permitting certainty is the concept of making it harder for the Executive Branch to capriciously revoke permits based on personal grudges, political vendettas, or other factors that Congress does not wish to be the …
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CONTINUE READINGVeto trouble
Trump’s veto of consensus legislation is trouble for future bipartisan permitting reform.
This week, President Trump vetoed two pieces of legislation, his first vetoes of his second term. There were two unusual points about these vetoes – even for this Administration. First, the bills in question were small, local matters. One bill involved a water project to benefit rural southeastern Colorado. The other bill expanded the scope …
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