Facility Siting and Permitting
Touro College - Jacob D. Fuchsberg Law Center
May 1, 2011
THE LAW OF CLEAN ENERGY, Chapter 5, M. Gerrard, ed., ABA Press, 2011
Albany Law School Research Paper No. 11 of 2011-2012
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 is designed to provide an overview of whether and how these laws apply to siting and permitting applications.
Number of Pages in PDF File: 20
Keywords: NEPA, National Environmental Policy Act, renewable energy, SEQRA, FWS, Migratory Birds Act, visual impacts, wind power, wind energy, wind turbines, historic preservation, national historic preservation act, religious freedom restoration act, public participation, eminent domain, brownfields, FERC
JEL Classification: K10, K32Accepted Paper Series
Date posted: May 29, 2011 ; Last revised: July 23, 2013
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