Reforming Judicial Review for Clean Infrastructure: A Bipartisan Approach

Informed by a workshop hosted by the Bipartisan Policy Center, this issue brief explores the merits, drawbacks, and political considerations for 10 proposed policy recommendations to reform the judicial review process for energy projects. 

To drastically cut greenhouse gas emissions, reduce energy costs, and bolster its supply chains, the United States needs to undertake clean energy and infrastructure projects at a historic pace. Meeting this challenge requires re-evaluating the litigation process for these projects. 

Current law provides opponents of a project continuous opportunities to sue. No matter how many cases the project developer might win, another lawsuit to stall development is always hanging over their head. According to a forthcoming study, solar energy projects experienced the highest litigation rate, with nearly two-thirds facing a claimed National Environmental Policy Act (NEPA) violation.

Which reforms can increase deployment and garner support from across the aisle?

This roundtable was the third in a series on permitting. The first roundtable focused on public engagement, and the second focused on permitting linear infrastructure (i.e., transmission and pipelines).