Permitting and Project Approvals
Whether a project is large or small, care is required in maneuvering the complex labyrinth of permitting authorities and stakeholders to obtain the necessary authorizations on favorable terms that will allow a project to proceed. With decades of experience, Sidley’s Environmental group assists clients in many industries to strategically address the full range of state, regional and federal issues that arise when expanding or modifying an existing facility or product line, building a new facility or developing a Brownfield site.
Our experience spans permitting and approval matters relating to all environmental media that arise under the full breadth of major environmental programs, including the Clean Air Act (CAA), Clean Water Act (CWA), Resource Conservation and Recovery Act (RCRA), National Environmental Policy Act (NEPA), National Historic Preservation Act (NHPA) and Endangered Species Act (ESA). We work with clients to successfully manage all phases and aspects of the permitting process, from the earliest stages of pre-permit and pre-construction planning to negotiating and obtaining advantageous permit terms, to appealing permitting actions and defending permits or projects against third-party challenges. Our lawyers are skilled in working with technical consultants, as well as the full range of internal and external project stakeholders—including permitting authorities and citizen groups—to facilitate successful outcomes for our clients.
Our recent work includes:
- Assisting an offshore wind developer in obtaining permits and regulatory approval under the Marine Mammal Protection Act, Migratory Bird Treaty Act, ESA, NEPA, NHPA and OCSLA.
- Assisting a publicly traded energy company in connection with permit transfers and regulatory consents relating to its pending acquisition of a refinery.
- Assisting the owner/operator of a cogeneration facility with respect to a self-discovered/self-disclosed air emission compliance issues. The compliance issues involve the facility’s air permits reported emissions, air emission trading credits and Federal/Energy Regulatory Agency reporting.
- Helping a greenfield steel mill obtain PSD and Title V permits and successfully defending those permits in litigation in federal and state courts.