LPDD Model Law: Enhancing ESA Consultation and Permitting Procedures

The model law below would provide for conducting joint regional reviews of renewable energy projects under both the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA), in order to avoid arduous, duplicative review processes.

In general, the proposed statutory language is intended to: (i) assure that to the maximum extent practicable and consistent with Federal law, the ESA requirements for a project or series of projects are satisfied in conjunction with the NEPA review; and (ii) endorse and encourage a programmatic, region-wide approach to consultations under ESA Section 7 (where a federal agency is authorizing, funding or carrying out a project) and incidental take permitting under ESA Section 10, to the extent they deem it appropriate to do so. The terms used in the proposed statutory language generally are keyed to those found in the NEPA and ESA regulations and guidance.

This model law and the accompanying memorandum were drafted by J. Kevin Healy and Robert Tuchman of the Bryan Cave law firm.