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New Project Development and Permitting

While important and necessary, environmental requirements can be a significant hurdle to timely approval of new projects.  Such processes also can be contentious, with economic pressure to get new production to market at odds with the time necessary for permit reviews and approvals.  In addition, projects may generate significant public interest and participation.

ELG attorneys have extensive experience navigating environmental review and permit processes as efficiently as possible.  This begins early in a project, by establishing permit strategies and plans for agency and public engagement.  The work continues through the application and permit negotiation process, ensuring all documents of record pose the least risk of challenge, making the agencies’ task as easy as possible.

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Here is how we can help:

Permit Strategies

Working with a business team early in a project development process to understand a project’s permit implications, identifying potential project features that can affect permit applicability, and ensuring a project is designed in a way to facilitate easier approval

Environmental Review

Identifying applicable environmental review requirements and establishing an appropriate strategy for such review

Project Documents

Ensuring all project submittals create the best administrative record possible, supporting agency decisions and minimizing risk of third party challenge

Permit Negotiations

Working as part of the permit team (with the client and environmental consultant) to negotiate proper permit terms, and ensuring permits and other approvals are well-supported in the record and the ensuing compliance obligations are clear

Public Outreach Strategies

Helping craft strategies to address potential concerns of neighbors or third parties, creating community advisory committees, and negotiating resolutions with potential commenters and project opponents

Litigation

If necessary, helping support and defend agency decisions when challenged in an administrative hearing or in court

Examples of our recent work:

  • Establishing overall permitting strategies for multiple companies undertaking complex industrial constructions and expansions
  • Working with communications team on public outreach strategy for new facility permit and  establishing ongoing community communications plan
  • Drafting environmental review documents for facility expansions and new facilities
  • Reviewing permit record for proposed permits, drafting supporting materials for permit record, and negotiating inclusion of materials in draft proposed permits
New Project Development and Permitting April 1, 2015