Share this:

The manner in which governments approve facility siting and permitting for renewable energy projects is a key consideration in both project design and the cost-benefit analysis of project feasibility. A variety of federal, state and local laws may be implicated depending upon the magnitude of the project and the geographic location of the project site. In addition to the application of a suite of environmental review related statutes for proposed clean energy projects, public participation issues as well as land acquisition issues may be present. At times, federal and state preemption may factor into the siting and permitting analysis, and local zoning and building code laws and regulations may also affect projects. This chapter, originally published in The Law of Clean Energy, edited by Michael Gerrard and published by the American Bar Association in 2011, is designed to provide an overview of whether and how these laws apply to siting and permitting applications. The chapter can be downloaded at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1855363