Analyzing three common claims of malfunction, plus proposing a new, faster way forward for the Northwest.
Permitting reform is the topic du jour in US climate circles. Renewable energy advocates and fossil fuel boosters alike are rallying to speed governmental approval of energy projects. At the same time, some progressives decry this effort as a misguided ruse to dismantle bedrock environmental and community protections.
How should climate leaders make sense of these debates? Just how big a barrier is permitting, really, to building the electric power grid Cascadia needs to decarbonize its economy? In short, how much should we worry about permitting?
At first glance, permitting transmission facilities in the Northwest looks like a hot mess. The only new regional line, the Boardman to Hemingway (B2H) project, crawled through federal and state approval processes for 14 years. Idaho Power and PacifiCorp, the line's sponsors, still have not broken ground. B2H being the only new big wires project that is even close to construction in the Northwest may be further evidence that permitting is broken.
However, future transmission projects in the region could have it easier. Recent federal policy and regulatory efforts to shorten review processes and improve permitting coordination may lower some of the hurdles B2H faced. And Oregon's state-level review, which B2H underwent, is among the most complex in the region; projects routed through other states might start moving dirt more quickly.
Still, the mounting climate crisis demands that Northwest policymakers do more than wait for the next transmission project to come up and hope for the best. They can bulk up staff capacity at regulatory agencies and tribes, which must review unprecedented volumes of new clean energy projects. They can immediately identify high-priority routes for new transmission lines and conduct preemptive environmental reviews and tribal consultations. They can enable - or better yet, require - tight alignment between state and federal review processes. None of these actions would mean jettisoning bedrock environmental protections or trampling on tribal and community rights.
With 2023 on track to become the hottest year on record, the Northwest needs to move fast to approve critical transmission projects, without surrendering its tools to block dirty or unjust energy proposals.
WHAT IS PERMITTING, AND HOW DOES IT WORK IN THE NORTHWEST?
Permitting is the process of federal, state, and/or local governmental agencies granting a developer the necessary approvals to build, upgrade, or operate a transmission line. The types of permits a transmission facility needs depend largely on where developers site the project and who owns the land it will traverse.
In the Northwest, as in the West writ large, the high percentage of land the federal government owns almost guarantees that interstate transmission lines require federal permits. One-third of the B2H route, for example, runs across federal land. The map below shows the federal land in the United States, with different colors identifying which federal agencies have jurisdiction; areas shaded pink and labeled as Bureau of Indian Affairs are tribal reservations.
If a project crosses federal land, it will trigger review under the National Environmental Policy Act (NEPA) and likely several other laws, such as the Endangered Species Act, the Fish and Wildlife Conservation Act, and the National Historic Preservation Act. The National Historic Preservation Act requires government-to-government consultation with federally recognized tribes the project could affect, whether because it crosses tribal land or because the land it traverses holds tribal religious or cultural significance.
In addition, transmission line developers are likely to need state and/or local approval. In Montana, Oregon, and Washington, the state holds the ultimate authority for permitting most big transmission lines. Before state agencies can issue permit...