Renewable Energy Projects Face U.S. Hurdles: Court Challenges and Permitting Delays
Renewable energy projects face hurdles in the U.S., with court challenges and permitting delays impacting solar and wind projects. Despite NEPA reviews taking less time than other major infrastructure projects, post-review delays are significant.
NEPA reviews for solar and wind projects typically take 27 and 45 months respectively, compared to an average of 54 months for other major projects. However, about 60% of windy and solar projects completed the NEPA EIS process within two years, but one-third of solar and half of windy projects exceeded this deadline.
One-third of solar and half of windy projects that completed NEPA EIS review faced court challenges. Regional/local environmental groups and Tribal representatives were the primary filers. These challenges contributed to the termination of three projects and significant delays for six others. However, excluded projects had similar development timelines to those without challenges.
Ten of 27 court cases were filed within 60 days of the record of decision, and most were filed within 120 days. Permitting agencies could help by tracking factors contributing to project delays and facilitating further research on obstacles to renewable energy development on federal lands.
NEPA reviews are just one factor affecting renewable energy project development, with financial problems and grid interconnection challenges also playing significant roles. Post-NEPA review delays are substantial, with 11 of 24 solar projects and 6 of 14 windy projects requiring more than four years to complete construction and begin operation after a record of decision was issued.
