LPDD Model Law: Authorizing Joint Reviews Under NEPA and ESA

Environmental review and permitting of electric infrastructure—including renewable power generation facilities, electric transmission and distribution infrastructure, and electric storage facilities—is notoriously difficult and time-intensive.  Generally, siting decisions are made on a project-specific basis and can take years, if not decades, to complete.

In order to speed these permitting processes, this model document targets the interagency consultation process under Section 7 of the Endangered Species Act. To facilitate efficient environmental review and permitting of electric infrastructure that will drive decarbonization, it provides language that allows agencies to develop programmatic analyses for infrastructure-types (e.g., wind generation) over broad geographic areas that fulfill agencies’ NEPA and ESA responsibilities.