Permitting Solar, Wind and Geothermal Projects on Public and Tribal Lands Presented by: Alan Waltner, Law Offices of Alan Waltner www.waltnerlaw.com

Overview Goal - Making Sense of a Complex Regulatory System Alternative Energy Developments and Their Typical Impacts Key Recent Developments (EO, MOUs and Program EISs) Preferential Treatment and Programmatic Documents – Benefits and Limitations Overview of Federal, State, and Local Regulatory Programs that may Apply to Alternative Energy Developments Special Considerations on Federal, State and Tribal Lands Ways to Increase the Likelihood of Success Discussion/Closing Remarks

Goal - Making Sense of a Complex Regulatory System

Alternative Energy Developments and Their Typical Impacts

Key Recent Developments (EO, MOUs and Program EISs)

Preferential Treatment and Programmatic Documents – Benefits and Limitations

Overview of Federal, State, and Local Regulatory Programs that may Apply to Alternative Energy Developments

Special Considerations on Federal, State and Tribal Lands

Ways to Increase the Likelihood of Success

Discussion/Closing Remarks

Components of an Alternative Energy Project Wind turbines Photovoltaic panels or thermal collectors Geothermal drilling rigs, production facilities, pipelines and generation facilities Transmission lines Roads Buildings Direct use facilities Geothermal projects are generally relatively small in scale and impact compared to other renewable energy projects such as wind and solar All components need to be considered

Wind turbines

Photovoltaic panels or thermal collectors

Geothermal drilling rigs, production facilities, pipelines and generation facilities

Transmission lines

Roads

Buildings

Direct use facilities

Geothermal projects are generally relatively small in scale and impact compared to other renewable energy projects such as wind and solar

All components need to be considered

Stages of the Development Process Area-wide Planning Leasing Exploration Development Production Abandonment/closure/restoration Each can be a trigger for regulatory requirements

Area-wide Planning

Leasing

Exploration

Development

Production

Abandonment/closure/restoration

Each can be a trigger for regulatory requirements

Proposed Ivanpah Solar Power Project

Proposed Ivanpah Solar Power Project

The Geysers

Salton Sea Power Project (Proposed Unit 6)

Typical Environmental Impacts of an Alternative Energy Development Visual impacts Habitat disturbance (animals, plants, wetlands, old growth forests) Cultural/historical resources impacts Air emissions (construction equipment emissions, fugitive dust, hydrogen sulfide and carbon dioxide from geothermal development) Water use (mirror washing, cooling towers) Wastewater discharges Hazardous materials and waste Noise (wind and geothermal) Land use compatibility (i.e. recreational uses) Avoiding or reducing impacts will reduce the regulatory hurdles

Visual impacts

Habitat disturbance (animals, plants, wetlands, old growth forests)

Cultural/historical resources impacts

Air emissions (construction equipment emissions, fugitive dust, hydrogen sulfide and carbon dioxide from geothermal development)

Water use (mirror washing, cooling towers)

Wastewater discharges

Hazardous materials and waste

Noise (wind and geothermal)

Land use compatibility (i.e. recreational uses)

Avoiding or reducing impacts will reduce the regulatory hurdles

Key Recent Developments California Executive Order S-14-08 CEC/DFG Memorandum of Understanding (MOU) State/Federal Memorandum of Understanding BLM Programmatic EISs Wind PEIS Completed June 2005 Geothermal PEIS Completed October 2008 Transmission Corridor PEIS Completed November 2008 Solar EIS Initiated May 2008 – Currently Underway

California Executive Order S-14-08

CEC/DFG Memorandum of Understanding (MOU)

State/Federal Memorandum of Understanding

BLM Programmatic EISs

Wind PEIS Completed June 2005

Geothermal PEIS Completed October 2008

Transmission Corridor PEIS Completed November 2008

Solar EIS Initiated May 2008 – Currently Underway

California Executive Order S-14-08 Issued November 17, 2008 Establishes a 33% Renewable Portfolio Standard (RPS) by 2020 SB 107 established a 20% RPS by 2010 Directs state agencies to “take all appropriate actions” to implement this target Expedites permitting for all renewable energy projects Adopts various actions, goals and targets of the CEC/DFG MOU “ Scoping” sessions of the participating agencies held in March 2009

Issued November 17, 2008

Establishes a 33% Renewable Portfolio Standard (RPS) by 2020

SB 107 established a 20% RPS by 2010

Directs state agencies to “take all appropriate actions” to implement this target

Expedites permitting for all renewable energy projects

Adopts various actions, goals and targets of the CEC/DFG MOU

“ Scoping” sessions of the participating agencies held in March 2009

CEC/DFG Memorandum of Understanding Also adopted on November 17, 2008 Does not waive or modify any environmental laws Formalizes the Renewable Energy Action Team (REAT) Directs creation of a “one-stop” process for permitting renewable energy projects Requires the identification of priority areas for development by February 1, 2009, where permitting times will be reduced by 50% Directs the initiation of a Natural Community Conservation Plan (NCCP), to be known as the Desert Renewable Energy Conservation Plan (DRECP) Specifies the establishment of long term California Endangered Species Act assurances by June 1, 2012

Also adopted on November 17, 2008

Does not waive or modify any environmental laws

Formalizes the Renewable Energy Action Team (REAT)

Directs creation of a “one-stop” process for permitting renewable energy projects

Requires the identification of priority areas for development by February 1, 2009, where permitting times will be reduced by 50%

Directs the initiation of a Natural Community Conservation Plan (NCCP), to be known as the Desert Renewable Energy Conservation Plan (DRECP)

Specifies the establishment of long term California Endangered Species Act assurances by June 1, 2012

State/Federal Memorandum of Understanding Also adopted on November 17, 2008 Does not waive or modify any environmental laws Includes the CEC, DFG, Bureau of Land Management (BLM) and US Fish and Wildlife Service (USFWS) Establishes a Renewable Energy Permit Team (REPT) to coordinate and expedite project permitting Commits the federal agencies to developing a joint desert energy conservation plan (DECP) Directs establishment of Best Management Practices (BMPs) and other interim guidelines

Also adopted on November 17, 2008

Does not waive or modify any environmental laws

Includes the CEC, DFG, Bureau of Land Management (BLM) and US Fish and Wildlife Service (USFWS)

Establishes a Renewable Energy Permit Team (REPT) to coordinate and expedite project permitting

Commits the federal agencies to developing a joint desert energy conservation plan (DECP)

Directs establishment of Best Management Practices (BMPs) and other interim guidelines

Benefits and Limitations of Preferential Treatment Preferential treatment can get your project to the top of the “to do” pile Access to agency staff is enhanced Access to agency management is increased if problems arise State MOU principally addresses state endangered species, which generally are not a key hurdle Neither MOU waives or modifies substantive environmental laws Team building with agency staff is essential

Preferential treatment can get your project to the top of the “to do” pile

Access to agency staff is enhanced

Access to agency management is increased if problems arise

State MOU principally addresses state endangered species, which generally are not a key hurdle

Neither MOU waives or modifies substantive environmental laws

Team building with agency staff is essential

BLM Programmatic PEISs Address priority development areas in 11 western states, including California and Nevada Includes more detailed analysis of certain near-term projects Will streamline future NEPA analysis Provides a template for the analysis of impacts Includes generic best management practices that provide a menu of future mitigation options Addresses cumulative impacts

Address priority development areas in 11 western states, including California and Nevada

Includes more detailed analysis of certain near-term projects

Will streamline future NEPA analysis

Provides a template for the analysis of impacts

Includes generic best management practices that provide a menu of future mitigation options

Addresses cumulative impacts

Benefits of Programmatic Documents Provide a template for project-level environmental reviews, including analytical methods, mitigation measures, and impact conclusions May be adequate for project-level cumulative impact analyses May reduce the scope of issues in subsequent legal challenges Provides for public participation at an early stage May be required by NEPA in any event

Provide a template for project-level environmental reviews, including analytical methods, mitigation measures, and impact conclusions

May be adequate for project-level cumulative impact analyses

May reduce the scope of issues in subsequent legal challenges

Provides for public participation at an early stage

May be required by NEPA in any event

Limitations of Programmatic Documents Judicial challenges generally can be brought any time within 6 years of adoption (federal documents only, such as EA, EIS, or BO) Reliance on a subsequently invalidated document may undermine project-level environmental analyses Given the typical lack of project-specific details, the analysis in the programmatic document may be too general to support project-level approvals

Judicial challenges generally can be brought any time within 6 years of adoption (federal documents only, such as EA, EIS, or BO)

Reliance on a subsequently invalidated document may undermine project-level environmental analyses

Given the typical lack of project-specific details, the analysis in the programmatic document may be too general to support project-level approvals

FEDERAL, STATE AND LOCAL REGULATIONS

The Importance of Location Surface owner (USFWS, BLM, DOD, state, or tribe) must approve development Applicable regulations will depend on whether land is federally, state or tribally owned Complex issues of sovereignty and waiver need to be evaluated Some lands are off-limits to any development All aspects of the project (including offsite components such as transmission) need to be evaluated

Surface owner (USFWS, BLM, DOD, state, or tribe) must approve development

Applicable regulations will depend on whether land is federally, state or tribally owned

Complex issues of sovereignty and waiver need to be evaluated

Some lands are off-limits to any development

All aspects of the project (including offsite components such as transmission) need to be evaluated

Key Federal Regulatory Programs BLM Regulations National Environmental Policy Act (NEPA) Endangered Species Act (ESA) Clean Water Act – Section 404 (CWA/404) Clean Water Act – Section 402 (CWA/402) National Historic Preservation Act (Section 106)

BLM Regulations

National Environmental Policy Act (NEPA)

Endangered Species Act (ESA)

Clean Water Act – Section 404 (CWA/404)

Clean Water Act – Section 402 (CWA/402)

National Historic Preservation Act (Section 106)

BLM’s FLPMA Right of Way Grant Regulations (Wind and Solar) Apply to wind and solar projects Includes any terms, conditions, and stipulations that BLM determines to be in the public interest, which may include modifying the proposed use or changing the route or location of the facilities Project must not unnecessarily damage the environment or result in unnecessary or undue degradation Grantee must, to the extent practicable, comply with all existing and subsequently enacted, issued, or amended Federal laws and regulations and state laws and regulations applicable to the authorized use Implementing policies adopted in April 2007 (solar) and December 2008 (wind)

Apply to wind and solar projects

Includes any terms, conditions, and stipulations that BLM determines to be in the public interest, which may include modifying the proposed use or changing the route or location of the facilities

Project must not unnecessarily damage the environment or result in unnecessary or undue degradation

Grantee must, to the extent practicable, comply with all existing and subsequently enacted, issued, or amended Federal laws and regulations and state laws and regulations applicable to the authorized use

Implementing policies adopted in April 2007 (solar) and December 2008 (wind)

BLM Geothermal Regulations Geothermal-specific regulations apply Include general requirements to – Protect the quality of waters, air, and other natural resources, including wildlife, and natural history Prevent “unnecessary or undue degradation” of land Protect cultural, scenic, and recreational resources Accommodate other land uses Minimize noise

Geothermal-specific regulations apply

Include general requirements to –

Protect the quality of waters, air, and other natural resources, including wildlife, and natural history

Prevent “unnecessary or undue degradation” of land

Protect cultural, scenic, and recreational resources

Accommodate other land uses

Minimize noise

BLM Geothermal Regulations (continued) Prohibit leasing in – National Parks, National Recreation Areas, and Indian trust lands outside of Indian Reservations Wilderness areas or wilderness study areas, except those study areas established by Congress where leasing is expressly allowed May require collection of environmental data for up to 1 year before operations Failure to comply with environmental requirements can be a basis for lease revocation

Prohibit leasing in –

National Parks, National Recreation Areas, and Indian trust lands outside of Indian Reservations

Wilderness areas or wilderness study areas, except those study areas established by Congress where leasing is expressly allowed

May require collection of environmental data for up to 1 year before operations

Failure to comply with environmental requirements can be a basis for lease revocation

National Environmental Policy Act (NEPA) Requires preparation of appropriate environmental documents in connection with “major federal actions” Administered by federal lead agency Generally requires preparation of an Environmental Impact Statement (EIS) or Environmental Assessment (EA) Project NEPA documents may now be streamlined as a result of BLM’s 2008 Programmatic EIS

Requires preparation of appropriate environmental documents in connection with “major federal actions”

Administered by federal lead agency

Generally requires preparation of an Environmental Impact Statement (EIS) or Environmental Assessment (EA)

Project NEPA documents may now be streamlined as a result of BLM’s 2008 Programmatic EIS

Federal Endangered Species Act (ESA) ESA program is oriented around the listing of species and the designation of critical habitat Administered by USFWS for most terrestrial species Prohibits the unpermitted “take” of listed species, defined to include the destruction or modification of habitat where it directly leads to death or injury of listed wildlife Significant penalties for illegal take and potential citizen suits Take can be authorized either through Section 10 permits, or Section 7 consultation

ESA program is oriented around the listing of species and the designation of critical habitat

Administered by USFWS for most terrestrial species

Prohibits the unpermitted “take” of listed species, defined to include the destruction or modification of habitat where it directly leads to death or injury of listed wildlife

Significant penalties for illegal take and potential citizen suits

Take can be authorized either through Section 10 permits, or Section 7 consultation

Sage Grouse Habitat

Alternate ESA Permit Pathways The ESA offers two pathways for addressing the prohibition against “take” of a species under Section 9 Section 7 -- Consultation with USFWS Section 10 -- Incidental take permit (ITP) and habitat conservation plan (HCP)

The ESA offers two pathways for addressing the prohibition against “take” of a species under Section 9

Section 7 -- Consultation with USFWS

Section 10 -- Incidental take permit (ITP) and habitat conservation plan (HCP)

Consultation triggered by action authorized , funded , or carried out by the federal agency Applies to any non-federal project which has a “federal nexus” – e.g., federal approval (BLM lease, or Corps 404 permit) or federal funding Can be “formal” or “informal” depending upon the degree of impact Can be done on a programmatic basis Section 7 Consultation

Consultation triggered by action authorized , funded , or carried out by the federal agency

Applies to any non-federal project which has a “federal nexus” – e.g., federal approval (BLM lease, or Corps 404 permit) or federal funding

Can be “formal” or “informal” depending upon the degree of impact

Can be done on a programmatic basis

Standards Under ESA Section 7 USFWS evaluates whether the action, together with cumulative effects, is likely to “jeopardize” the continued existence of the species If USFWS finds potential “jeopardy” it must identify reasonable and prudent alternatives If USFWS finds no jeopardy, must identify measures to minimize impacts Federal agencies also must ensure that their actions are “not likely to result in the destruction, or adverse modification” of any formally designated “critical habitat”

USFWS evaluates whether the action, together with cumulative effects, is likely to “jeopardize” the continued existence of the species

If USFWS finds potential “jeopardy” it must identify reasonable and prudent alternatives

If USFWS finds no jeopardy, must identify measures to minimize impacts

Federal agencies also must ensure that their actions are “not likely to result in the destruction, or adverse modification” of any formally designated “critical habitat”

Only applies if no federal “nexus” “ Taking” may be allowed by permit if it is “incidental to, and not the purpose of” an otherwise lawful activity Requires a Habitat Conservation Plan (HCP) that: Identifies impact minimization measures Proposes species conservation measures Guarantees funding More complex than Section 7 consultation Section 10 Permits and Habitat Conservation Plans

Only applies if no federal “nexus”

“ Taking” may be allowed by permit if it is “incidental to, and not the purpose of” an otherwise lawful activity

Requires a Habitat Conservation Plan (HCP) that:

Identifies impact minimization measures

Proposes species conservation measures

Guarantees funding

More complex than Section 7 consultation

Clean Water Act Section 404 Prohibits the filling of wetlands and other waters without a permit Administered by the US Army Corps of Engineers Proponents should avoid wetlands and other “waters” where practicable

Prohibits the filling of wetlands and other waters without a permit

Administered by the US Army Corps of Engineers

Proponents should avoid wetlands and other “waters” where practicable

Section 404 Permits Nationwide Permits (NWP) Issued in the form of regulations, covering particular categories of activities (e.g., surveys, utility lines) with minor impacts Individual Permits Site specific and project specific Must demonstrate that project represents the “least environmentally damaging practicable alternative” (LEDPA) by analyzing alternative sites and configurations for the project

Nationwide Permits (NWP)

Issued in the form of regulations, covering particular categories of activities (e.g., surveys, utility lines) with minor impacts

Individual Permits

Site specific and project specific

Must demonstrate that project represents the “least environmentally damaging practicable alternative” (LEDPA) by analyzing alternative sites and configurations for the project

Clean Water Act Section 402 Triggered by “point source” discharge to “navigable” waters or tributaries Generally administered by the states NPDES permit required Also applies to storm water discharges from construction and industrial activities State has issued general permits for most activities Simple notice of intent process Stormwater pollution prevention plan and best management practices required

Triggered by “point source” discharge to “navigable” waters or tributaries

Generally administered by the states

NPDES permit required

Also applies to storm water discharges from construction and industrial activities

State has issued general permits for most activities

Simple notice of intent process

Stormwater pollution prevention plan and best management practices required

Other Potentially Applicable Federal Programs Migratory Bird Treaty Act Fish and Wildlife Coordination Act National Wilderness Preservation Act Wild and Scenic Rivers Act Safe Drinking Water Act Resource Conservation and Recovery Act Occupational Safety and Health Act Location-specific statutes Budget riders, etc.

Migratory Bird Treaty Act

Fish and Wildlife Coordination Act

National Wilderness Preservation Act

Wild and Scenic Rivers Act

Safe Drinking Water Act

Resource Conservation and Recovery Act

Occupational Safety and Health Act

Location-specific statutes

Budget riders, etc.

Potentially Applicable State Regulatory Programs Programs Generally Applicable to Federal Lands Water quality certifications under CWA Section 401 Historic resource reviews (Section 106) CEC review of projects over 50MW CEQA functional equivalence approach Air permits (NSR, PSD and Title V) Wastewater discharge permits Under CWA Section 402, including storm water construction permits

Programs Generally Applicable to Federal Lands

Water quality certifications under CWA Section 401

Historic resource reviews (Section 106)

CEC review of projects over 50MW

CEQA functional equivalence approach

Air permits (NSR, PSD and Title V)

Wastewater discharge permits Under CWA Section 402, including storm water construction permits

Section 401 Water Quality Certification Part of the Federal permitting process Applies to “any applicant for a Federal license or permit . . . to conduct any activity . . . which may result in any discharge into the navigable waters Requires Regional Water Quality Control Board certification as a precondition to federal permit issuance Nominally limited to water quality issues Regional Boards are expanding the range of issues that they are addressing Creates incentive to avoid water quality impacts

Part of the Federal permitting process

Applies to “any applicant for a Federal license or permit . . . to conduct any activity . . . which may result in any discharge into the navigable waters

Requires Regional Water Quality Control Board certification as a precondition to federal permit issuance

Nominally limited to water quality issues

Regional Boards are expanding the range of issues that they are addressing

Creates incentive to avoid water quality impacts

National Historic Preservation Act (NHPA) Section 106 Section 106 requires consultation with State Historic Preservation Officer for projects affecting historic resources BLM has development a National Protocol Agreement (PA) that governs how BLM meets these responsibilities in California and portions of Nevada Streamlines the 106 process by eliminating case-by-case consultation on undertakings that culminate in “no historic properties affected” and “no adverse effect” findings

Section 106 requires consultation with State Historic Preservation Officer for projects affecting historic resources

BLM has development a National Protocol Agreement (PA) that governs how BLM meets these responsibilities in California and portions of Nevada

Streamlines the 106 process by eliminating case-by-case consultation on undertakings that culminate in “no historic properties affected” and “no adverse effect” findings

Other State Processes Applicable on Federal Lands California Energy Commission (CEC) review Only applies to projects 50 mw or greater Process is CEQA functional equivalent Can help support the federal process Air permits Regulatory hurdles vary considerably by location Generic state equipment standards apply Wastewater discharge and storm water permits

California Energy Commission (CEC) review

Only applies to projects 50 mw or greater

Process is CEQA functional equivalent

Can help support the federal process

Air permits

Regulatory hurdles vary considerably by location

Generic state equipment standards apply

Wastewater discharge and storm water permits

State Regulatory Programs Generally Applicable Only to State and Private Lands California Environmental Quality Act (CEQA) California Endangered Species Act (CESA) Streambed Alteration Agreements (1602) Need to look at all components of the project, both on-site and off-site

California Environmental Quality Act (CEQA)

California Endangered Species Act (CESA)

Streambed Alteration Agreements (1602)

Need to look at all components of the project, both on-site and off-site

Potentially Applicable Local Regulatory Programs General Plan Zoning Conditional use permit Grading permit Encroachment permit Generally not applicable to projects on federal/tribal lands Generally not applicable to state projects on state lands Apply to projects on private lands (including offsite components such as transmission lines)

General Plan

Zoning

Conditional use permit

Grading permit

Encroachment permit

Generally not applicable to projects on federal/tribal lands

Generally not applicable to state projects on state lands

Apply to projects on private lands (including offsite components such as transmission lines)

Special Considerations on BLM Lands Most resources are located on BLM lands BLM applies standards of Federal Land Policy Management Act (FLPMA) Multiple use, sustained yield Applicable management plans need to be considered California Desert Conservation Area Plan BLM has also established detailed leasing regulations

Most resources are located on BLM lands

BLM applies standards of Federal Land Policy Management Act (FLPMA)

Multiple use, sustained yield

Applicable management plans need to be considered

California Desert Conservation Area Plan

BLM has also established detailed leasing regulations

Special Considerations on Forest Service Lands Authorization from both Forest Service and BLM required Forest Service is responsible for pre-leasing environmental review Project must be consistent with applicable forest management plan BLM is responsible for operations approvals Forest Service continues to be responsible for regulating roads and transmission lines

Authorization from both Forest Service and BLM required

Forest Service is responsible for pre-leasing environmental review

Project must be consistent with applicable forest management plan

BLM is responsible for operations approvals

Forest Service continues to be responsible for regulating roads and transmission lines

Special Considerations on Tribal Lands Extremely complicated jurisdictional issues, particularly regarding the application of state and local requirements Some tribes have a sophisticated regulatory program, others have little or none Bureau of Indian Affairs generally approves leases and is the federal lead agency under NEPA Would be “inventing the wheel” since there has been minimal activity on Tribal lands thus far Tribes can obtain “treatment as a state” status under certain federal laws, including the CWA

Extremely complicated jurisdictional issues, particularly regarding the application of state and local requirements

Some tribes have a sophisticated regulatory program, others have little or none

Bureau of Indian Affairs generally approves leases and is the federal lead agency under NEPA

Would be “inventing the wheel” since there has been minimal activity on Tribal lands thus far

Tribes can obtain “treatment as a state” status under certain federal laws, including the CWA

Tribal Considerations not Limited to Reservations Impacts on: Sacred sites Traditional cultural properties or landscapes Past or present hunting, fishing, or gathering areas Changes in hydrology or ecological conditions of springs, seeps, wetlands and streams that could be considered sacred or have historic use associations

Impacts on:

Sacred sites

Traditional cultural properties or landscapes

Past or present hunting, fishing, or gathering areas

Changes in hydrology or ecological conditions of springs, seeps, wetlands and streams that could be considered sacred or have historic use associations

Special Considerations on State Lands (in California) State Lands Commission (SLC) is responsible for issuing leases on behalf of the State as owner of the resource Division of Oil, Gas and Geothermal Resources (DOGGR) regulates geothermal wells Generally DOGGR is the lead agency for CEQA purposes at the exploration stage (on both state and private lands) Review includes evaluation of a drilling plan State agency approvals must comply with CEQA

State Lands Commission (SLC) is responsible for issuing leases on behalf of the State as owner of the resource

Division of Oil, Gas and Geothermal Resources (DOGGR) regulates geothermal wells

Generally DOGGR is the lead agency for CEQA purposes at the exploration stage (on both state and private lands)

Review includes evaluation of a drilling plan

State agency approvals must comply with CEQA

KEY RECOMMENDATIONS FOR MAKING THE PROCESS WORK

Key Strategies for Structuring the Permit Process EIS/EIR prepared first as a core environmental document Provides a definitive project description Establishes a mitigation template Provides comprehensive information on biological resources, including wetlands Involves the agencies and the public CEC staff evaluation of projects over 50MW is a “functional equivalent” that can serve the same role (example, solar MOU)

EIS/EIR prepared first as a core environmental document

Provides a definitive project description

Establishes a mitigation template

Provides comprehensive information on biological resources, including wetlands

Involves the agencies and the public

CEC staff evaluation of projects over 50MW is a “functional equivalent” that can serve the same role (example, solar MOU)

Key Strategies for Structuring the Permit Process (continued) Integrate environmental planning into the initial stages of project planning Prepare a detailed regulatory analysis Consider environmental constraints and avoid them where possible Involve the agencies early on Coordinate environmental reviews The playing field is constantly changing All calling for creative, adaptive approaches

Integrate environmental planning into the initial stages of project planning

Prepare a detailed regulatory analysis

Consider environmental constraints and avoid them where possible

Involve the agencies early on

Coordinate environmental reviews

The playing field is constantly changing

All calling for creative, adaptive approaches

Discussion/Closing Remarks