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Facility Siting and Permitting

THE LAW OF CLEAN ENERGY, Chapter 5, M. Gerrard, ed., ABA Press, 2011

Albany Law School Research Paper No. 11 of 2011-2012

20 Pages Posted: 29 May 2011 Last revised: 29 Apr 2015

Patricia Salkin

Touro College - Jacob D. Fuchsberg Law Center

Date Written: May 1, 2011

Abstract

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.

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, K32

Suggested Citation

Salkin, Patricia, Facility Siting and Permitting (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. Available at SSRN: https://ssrn.com/abstract=1855363

Patricia E. Salkin (Contact Author)

Touro College - Jacob D. Fuchsberg Law Center ( email )

225 Eastview Drive
Central Islip, NY 11722
United States

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