National Environmental Policy Act

When it comes to large-scale energy and infrastructure projects, permitting can sometimes look like a game of Whack-a-Mole, where efforts to conclude the process are continually frustrated by issues that appear (and then sometimes reappear again and again), encompassing everything from environmental reviews and the vagaries of different federal agencies to legal challenges and public (and political) opposition. But if the difficulties in building a new pipeline, transmission line, or solar farm seem immense, they pale in comparison to what developers of mining projects can face. In today’s RBN blog, we look at why mining projects take so long to develop, the unique challenges of the permitting process, and some ways that it might be improved.

The Fiscal Responsibility Act (FRA) — whose primary purpose was to increase the federal government’s debt ceiling — addressed some immediate priorities surrounding federal permitting for energy and infrastructure projects and sought to expedite completion of the long-delayed Mountain Valley Pipeline (MVP), but it did more than that. Its passage provided a ray of hope for those eager for a renewed focus on permitting issues while also serving to underscore all the progress that is still needed. In today’s RBN blog, we look at the other key sections of the FRA, where Congress could look next to address permitting reform, and why additional progress might be hard to achieve.

If you follow developments in the energy industry, you know that news about permitting for major infrastructure projects can sometimes read more like a horror story: 14 years to build an electric transmission line, a decade to get a mining permit, and the reality that some projects can be constructed in far less time than it takes to secure the required permits and work through any legal challenges. It’s a known problem with a lot of contributing factors, but no easy answers. In today’s RBN blog, we look at how permitting difficulties have become a flashpoint for all sorts of stakeholders — industry groups, environmental advocates, the general public, and politicians of all stripes. Our focus today will be on the current poster child of permitting challenges, Mountain Valley Pipeline (MVP), but we’ll also discuss how permitting setbacks complicate the development of all types of projects, from traditional oil and gas pipelines to initiatives at the heart of the energy transition.