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September 22, 2020

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September 21, 2020

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Executive Orders Speed Infrastructure Permitting and Create Opportunities for Utility-Scale Renewable Projects

With city after city setting 100 percent clean energy goals and states following in lockstep, opportunities are growing for renewable energy companies to develop utility-scale projects. Project development includes the need for energy infrastructure such as transmission lines, for example.

President Trump recently issued two executive orders consistent with the administration’s continuous efforts to speed up and reduce roadblocks to energy infrastructure projects. Project developers in each of these energy sectors should watch for opportunities to participate in agency and departmental processes to revise the guidance and develop rules to streamline energy infrastructure project permitting.

The first executive order is designed to ease the process for energy projects that cross international borders, transferring the authority to issue permits for cross-border infrastructure projects from the secretary of state to the president. This order follows in the footsteps of recent issuance of the Keystone XL pipeline permit, which has since been challenged. The effect of this order would arguably be to insulate cross-border permitting decisions from the time-consuming National Environmental Policy Act review.

The second order, the Executive Order on Promoting Energy Infrastructure and Economic Growth, sets forth a wide array of policy directives to federal agencies ranging from the U.S. Environmental Protection Agency (EPA) to the Department of Labor and the Department of Agriculture. The executive order touts this country’s “plentiful energy resources,” listing among them coal, oil, and natural gas. But noticeably absent from the president’s order is any reference to wind or other renewable energy projects.

Nonetheless, utility scale renewable energy projects fall into the category of “domestic energy resources” that can be subject to the rigorous permitting and review processes as are coal, oil, and gas projects. Therefore, the executive order’s efforts to speed up energy infrastructure projects will, under several of the directives, impact renewable energy projects just as they do oil and gas pipelines.

The order directs the U.S. EPA to revisit and reissue Clean Water Act (CWA) guidance on how states issue water quality permits under Section 401 of the CWA in order to streamline, expedite, and narrow the scope of water quality reviews. The order also calls for the EPA to initiate a rulemaking within four months from the date of the order to revise Section 401 regulations in a way that reduces unnecessary permitting delays.

© 2020 Schiff Hardin LLPNational Law Review, Volume IX, Number 107


About this Author

Amy Antoniolli Environmental Attorney Schiff Hardin

Amy Antoniolli is an environmental lawyer with broad experience in administrative and enforcement-related issues. She advises clients on compliance with the Clean Air Act, Clean Water Act, RCRA, CERCLA, and the Illinois Environmental Protection Act. She also works on property remediation projects pursued under state and federal cleanup programs. She advises renewable energy clients as well, reviewing siting and operating requirements for wind and waste to energy facilities.

An amiable yet no-nonsense counselor, Amy puts her prior experience to work for her clients. A former adviser...

Owen MacBride, energy and environmental attorney, Schiff Hardin

Owen MacBride is an energy and telecommunications lawyer who focuses his practice on regulatory matters, including regulatory agency proceedings and appeals, and transactional matters. Owen’s varied and extensive representation of electric, gas, telecommunications, water and pipeline industry participants in regulatory, transactional, legislative and litigation matters gives him a broad spectrum of knowledge and experience in planning, operating, pricing, financial, accounting, tax construction, and reliability issues in these industries.

Owen draws on his thorough understanding of the energy and telecommunications industries to represent and counsel electric and gas public utilities, electric generators, wind and solar energy generators, electric transmission companies, and wholesale and retail electric suppliers. His diverse group of clients has also included common carrier pipelines, large energy users, water utilities, and other energy and telecommunications industry participants. Currently, his practice is focused in the areas of Electric Transmission, Electric Generation, Renewable Energy, Pipelines, and Telecommunications.