posted on
Sep 01, 2022 07:36PM
Message: Re: News!
100% agree Roy.
The permitting process could be improved, but as we all know, the bigger issue is that "environmentalists" are incentivised to challenge the NEPA process in the Courts. That is, if they are successful in their challenge, they get their Attorneys Fees re-imbursed under the Equal Access to Justice Act (EAJA). Given that NEPA is a procedural law, there is always a good prospect of a successful challenge due to an administrative/procedural error, even if the project has considerable merit and should otherwise be approved. This has to change.
If you want to understand this more, have a listen to Debbie Struhsacker at 42:00 of this interview, which is on the LAC website:
https://www.youtube.com/watch?v=S5Z8jx7vZE8
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