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Oil, Gas, and Mineral Law

Utah Law Faculty Scholarship

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National Environmental Policy Act

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Playing The Long Game: Expediting Permitting Without Compromising Protections, Jamie Pleune Jan 2022

Playing The Long Game: Expediting Permitting Without Compromising Protections, Jamie Pleune

Utah Law Faculty Scholarship

The Biden Administration’s efforts to expedite a transition to clean energy have prompted calls for permit reform. Clean energy relies heavily upon critical minerals and transitioning to a clean energy economy demands a global increase in mineral production. Some commentators suggest that environmental standards must be loosened in order to achieve efficiency. This premise offers short term gain in exchange for long-term pain. It also poses a false dilemma by failing to distinguish between productive and unproductive causes of delay in the permitting process. The permit process creates opportunities to eliminate, reduce, or mitigate risks. These opportunities may cause short-term …