Expediting Permitting

• By: AWMA
• On: 08/05/2024 16:27:16
• In: EM Articles
• Comments: 0

by Chris Whitehead and Eric Hiser

As this issue is coming to print, federal permitting authorities and associated case law are under the microscope. The Biden Administration and numerous states around the country are aggressively advocating for decarbonization of the energy sector. Rapid change is difficult. The offshore wind industry is receiving much of the focus in this arena, but there are aggressive modernization and expansion plans in the works for other large scale energy projects, including solar, hydrogen, modular nuclear, carbon capture and more. Each of these projects goes through extensive environmental review pursuant to the NEPA, and state permitting programs, which incorporate multiple opportunities for public input from affected communities. There is a multi-year backlog forming as these projects wait for review and authorization. How can we streamline this process to ensure the same level of environmental and public health protection, while not risking opportunity for public input? In this month's issue, we are fortunate to have multiple perspectives on these questions with engaging articles from Eric Beightel (Executive Director, Federal Permitting Improvement Steering Council), Eric Hiser (Senior Partner, Hiser Joy), and Rhonda Thompson (Chief, Bureau of Air Quality, South Carolina Department of Environmental Services).

Eric Beightel comes from a regulatory and consulting background, leading complex permitting projects around this country for more than two decades. In his current role as Executive Director of the Federal Permitting Improvement Steering Council (FPISC), Eric is tasked with finding ways to streamline federal permitting of major projects. His article highlights the FAST-41 program, how FPISC's work supports President Biden's climate policy goals, and the congressional charge to FPISC to be a federal center for permitting excellence. In that role, FPISC works across agencies and across sectors to identify and elevate best practices and other strategies that will improve the timeliness, efficiency and effectiveness of environmental reviews and authorizations of infrastructure projects.

Next, Eric Hiser offers an industrial perspective on these issues, focusing on what makes projects get built in this country and common complexities that most often delay projects. Eric's article focuses on the questions that industry generally wants answered from any permit streamlining process. These include: timeliness, defensibility, responsiveness, consistency and minimizing delays, surprises, and unnecessary process. How do we cut the proverbial red tape without cutting back on the rigor of environmental impact assessments? Read Eric's article to find out.

Third, Rhonda Thompson explores a state-level permit streamlining program launched in South Carolina in 2007 that now serves as a model for the rest of the country. Under the South Carolina model, developers could opt to pay an extra fee to expedite the review of complex time-sensitive projects. While regarded as a great success, Bureau of Air Quality staff continue to work with stakeholders to identify opportunities to enhance and improve this highly sought-after permit review innovation.

Whatever your level of involvement in major projects, whether as a consultant, developer, or simply a concerned citizen, innovative ideas to streamline the permitting process and not reduce the level of review or community input can reshape our communities. With ambitious climate goals at the federal and state level, one should expect this to be a recurring topic among major project planners.

Continue reading the full August 2024 issue of EM.