Emergency Permitting Available for Energy Projects

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A new class of emergency permits regarding fossil fuel and other energy projects was created by the U.S. Army Corps of Engineers to speed up the permitting process of mines, power plants and other facilities.

This stems from the Trump Administration’s desire to increase the nationwide production of oil, gas and coal. The introduction of the emergency permits will streamline the permitting process for these projects, while potentially limiting input from the public and local officials.

This could also circumvent policies included in the National Environmental Policy Act. The law requires federal agencies to investigate potential environmental effects of large projects, which can take months or years to complete.

Currently, any developer that wants to build a project in the United States, or discharge anything into wetlands or broadly defined “navigable” waters, must receive a permit from the Corps of Engineers. In the past, emergency permits have been granted to repair roads, shipping channels and other facilities destroyed by natural disasters.

Hundreds of energy projects are now eligible for emergency permits due to an executive order signed by President Donald Trump that stated the United States is currently in an energy emergency.

Currently, the United States is producing more oil than any other nation and is the largest exporter of natural gas in the world. Trump claimed permits would be expedited for developers investing more than $1B in energy projects and other infrastructure.

Despite the focus on oil and gas production, many solar energy projects and transmission lines are also included in the swath of projects receiving expedited permitting. The Corps of Engineers did not explain the project selection process. (Source)

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