ENV-08-008 Obtaining Clean Air Act Permits Despite Public Opposition

Description:

Clean Air Act construction permits for major construction and expansion projects are increasingly subject to public scrutiny. Couple a refinery expansion project with plans to use or increase the use of oil sands and opposition to the permit by environmental non-governmental organizations (NGOs) is virtually guaranteed. The adversity of the permitting process has increased as NGOs are using the permitting process to push for reform on issues from flaring to climate change. The result is a process that requires the permit applicant to expend additional time and money to respond to the challenges or settle with NGOs to avoid significant delays. The need to avoid delays, rather than the legal merit of the permit, is often what drives the decision to settle. Knowing what to expect and preparing a permit application capable of withstanding the attack may save you months of delays.