In the Headlines
September 3, 2024
Coal Decision Poses Fresh Questions About New Permitting Rules
Bloomberg Law
Environmental attorney Jason Hill was quoted in a Bloomberg Law article about a recent federal court decision rejecting a coal mine's challenge of a U.S. agency action, which has raised questions about the effectiveness of new permitting rules introduced in the 2023 Fiscal Responsibility Act (FRA). The court's ruling in Signal Peak Energy LLC v. Haaland found that the statutory deadline for completing environmental reviews under the National Environmental Policy Act (NEPA) had not been missed, but it did not address the meaning of "consultation" between the agency and the applicant when an extension is needed. Mr. Hill cautioned that the decision could discourage companies from using the courts to compel agencies to meet their deadlines.
"There's going to be a reluctance to irritate the agency, rather than work with them on reasonable extensions," he said.
READ: Coal Decision Poses Fresh Questions About New Permitting Rules (Subscription required)
"There's going to be a reluctance to irritate the agency, rather than work with them on reasonable extensions," he said.
READ: Coal Decision Poses Fresh Questions About New Permitting Rules (Subscription required)