Jonathan Brightbill Speaks on the Impact of Regulation and Permitting on Electric Reliability at NRECA’s 2022 G&T Legal Seminar

On November 3, 2022, Winston & Strawn Partner Jonathan Brightbill spoke at the National Rural Electric Cooperative Association’s G&T Legal Seminar in Bonita Springs, Florida.

Jonathan’s panel, “Environmental Reviews and Permitting and Impacts on Electric Reliability,” focused on ongoing regulatory developments, litigation over NEPA reviews, and implications for maintaining and building infrastructure that allows co-ops to provide affordable and reliable electricity to their members.  

Key takeaways

• Federal permitting requirements have been changing over the past several years, including requirements for NEPA, the Clean Water Act, the Endangered Species Act, and many others. 
• These environmental requirements can add years of unexpected delay to infrastructure and energy projects, impacting energy reliability. 
• Project proponents should consider whether third-party challenges to necessary federal permits are plausible, and seek early strategic advice regarding mitigation of such risks.