NEPA Litigation Over Large Energy and Transport Infrastructure Projects

Despite five decades of experience, there is a considerable gap in legal and empirical study on the impacts of the National Environmental Policy Act (NEPA). Proponents of reform often claim NEPA litigation is a major obstacle for federal actions; others have concluded that litigation is not a major contributor of project cost escalation or delays. This webinar reviews the NEPA process and a recent study of the incidence and conditions of infrastructure project litigation under NEPA, using a data set of 355 major transportation and energy infrastructure projects that completed a federal environmental study between 2010 and 2018. Energy sectors with greater private financing have shorter permit durations and higher rates of litigation and cancellation, but also higher completion rates relative to transport sectors, which have greater public financing and lower litigation rates but longer permit timelines.

DATE: September 29, 2023
TIME: 12:00 – 1:00 PM (eastern time) / 9:00 - 10:00 am (pacific time)
PRESENTER: Michael Bennon, Stanford University

This event is co-sponsored by the Build America Center and the Center on Democracy, Development and the Rule of Law.