Large energy infrastructure projects are often at the center of legal challenges. Pipelines, large-scale generation facilities, transmission lines, and export terminals will often affect multiple communities, move through various regulatory jurisdictions and impact several environmental resources.
Energy infrastructure projects typically require several approvals and permits before construction can begin. These may bring in local, state and federal agencies that have to review considerations like water resources, environmental impact, land use and wildlife considerations. Oftentimes, this means there are many steps, each of which comes with the possibility of a legal dispute from property owners, governments and advocacy groups.
Defending against countless claims
Many of the disputes are centered on whether developers complied with regulatory and statutory frameworks. Courts review these claims by checking environmental assessments, administrative records and the reasoning provided by applicable agencies throughout the review process.
Disputes may make arguments that include a failure to fully consider alternative plans or inadequately addressing public concerns. In some cases, they may call the environmental impacts into question by claiming they were underestimated during the review process. Even land use and easements can lead to disputes that put new energy infrastructure on hold.
Defending against these claims is often based on showing that the project was properly planned and reviewed. Regulatory compliance is critical because defenses can’t move forward if there’s an issue with compliance.
Having expert witnesses may also be beneficial in these cases, but it can often be challenging to find the ones who will uphold your defense. Working with someone who’s familiar with environmental law and the regulations associated with various projects may be beneficial as you work to defend your project against these legal claims.