Avoiding Pitfalls in the Development Approval Process
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Learn how to navigate the complex maze of the approval process and avoid costly delays.
Large development projects - pipelines, transmission lines, utility-scale renewable energy facilities, resorts and recreation facilities, and commercial real estate developments, among others - often face multiyear, multijurisdictional approval processes. Depending on a project's footprint and potential impacts, it could require permits and reviews by multiple federal, state and local agencies, each with different responsibilities, procedures, data requirements and processing timelines. This complex web of approvals can be frustrating to navigate and can sometimes lead to significant schedule delays. This topic will provide investors, project developers, managers and attorneys with an understanding of the tools, policies and procedures that are currently available to facilitate expeditious project approvals and avoid delays. The topic will include in particular a review of the legal framework for authorizing a major project in the U.S., as well as recent policy and legislative reforms to streamline federal permitting.
AuthorsRaya Treiser, WilmerHale
What Does It Take to Permit a Large Project in the U.S.?
• A Patchwork of Jurisdictions: Federal, State, Local, Tribal
• Overview of Federal Permitting and Review Responsibilities
• Issues Related to Compliance With NEPA, NHPA, ESA, and Other Statutes
What Are the Major Pitfalls in the Development Approval Process?
• Project Financing, Contracting, and the Regulatory Approval Process
• Stakeholder Opposition
• Redundancy, Inefficiency and Delays
• Resource Constraints and Prioritization
What Policies, Practices and Tools Are Available to Avoid the Pitfalls in the Development Approval Process?
• Overview of Recent Policy and Legislative Reforms to Improve the Federal Approval Process, Including: The Fast-41 Act, the Executive Order on Infrastructure Permitting, Landscape-Scale Planning and Mitigation Initiatives, Regional Partnerships
• GIS Tools, Online Tracking, and Other Tools for Avoiding or Minimizing Delay
• What Steps Can Project Proponents Take to Avoid the Pitfalls in the Development Approval Process?