Research l Public Policy
Unlock Energy Development:
Smarter Permitting, Stronger Economy, Faster Growth
Federal Permitting and Siting Talking Points for Chambers and EDOs
CICE and our partners have long been engaged in local and state siting and permitting matters involving energy projects and related infrastructure. Our principles related to those permitting and siting processes are simple and straightforward: They should be efficient, provide certainty, be applied consistently, and offer a level playing field across technologies. These same principles should also apply to federal permitting processes.
We believe the following principles should be included in any broad permitting modernization effort:
Recognize State Environmental Reviews Allow federal agencies to accept environmental reviews conducted under state laws when those reviews meet NEPA standards.
Statute of Limitations for Legal Challenges Establish a firm 150-day deadline for filing legal challenges under NEPA, measured from the date the relevant agency action is made public.
Streamlined, Predictable Judicial Review Limit legal challenges to parties who submitted substantial comments, make remand the sole remedy for a successful NEPA claim, and require courts to defer to the lead agency absent arbitrary, capricious, or unlawful decisions.
Technology-Neutral Application of Judicial Reforms Apply judicial reforms equally to all infrastructure and energy technologies, without preference or exclusion.
Permit Certainty Once issued, a permit should only be rescinded, amended, or voided under limited, defined circumstances.
