REPUB ENERGY LAW = LAWSUITS

Republicans' renewables bills may increase litigation: Obama officials
Nick Juliano, 23 June 2011 (Platts)

"A suite of legislation to streamline environmental reviews for renewable energy projects being pushed by US House of Representatives Republicans could lead to increased litigation and additional project delays, members of the Obama administration warned…

"The bills would limit environmental reviews of wind, solar, geothermal, biomass and marine renewable projects required under the National Environmental Policy Act, and they would impose tight deadlines for public input and decisions from federal agencies…Representative Doug Lamborn, a Colorado Republican who chairs the House Natural Resources Committee's Subcommittee on Energy and Mineral Resources, pointed to examples of projects that have been slowed by environmental reviews, such as the Cape Wind project off the coast of Massachusetts…"

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"While Republican sponsors touted the bills as intended to reduce lawsuits and speed projects to approval, administration officials and Democratic committee members said they would have the opposite effect…[Because H.R. 2170…would block federal agencies and the public from being able to propose alternative project considerations during NEPA analysis. Projects could only be approved as they were proposed, or denied…[This could force agencies] to select the no-action alternative…

"Administration witnesses and Democrats on the subcommittee also said that environmental groups, local governments or other stakeholders who would be shut out of the NEPA process would be more likely to go to court to challenge projects."

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"Two other bills, H.R. 2171 and H.R. 2172, aim to exclude from NEPA review certain testing procedures for geothermal and wind energy projects on public lands…[Experts say] federal agencies already have discretion to issue categorical exclusions for those types of projects, and often issue such exemptions when those projects do not threaten sensitive environments or cultural sites…Removing that discretion by applying across-the-board exclusions [cause lead to] unanticipated resource damage…[or] litigation…[as well as] further complications and delays [of renewable energy development]…

"A fourth bill, H.R. 2713, would streamline permitting for meteorological testing for offshore wind facilities by requiring Interior to establish a testing permit that included a 30-day decision deadline, and exclude the testing from NEPA review…[but] may create an extra layer of bureaucracy…"