Sidley has proven experience helping clients secure the necessary permits, licenses, and authorizations for natural resources-related projects. Our team of lawyers includes seasoned professionals with backgrounds in federal agencies such as the U.S. EPA, the Department of the Interior, the U.S. Army Corps of Engineers, and the U.S. Department of Justice, as well as key state agencies such as the California Natural Resources Agency. This experience, combined with our in-depth knowledge of environmental statutes and regulatory procedures, allows us to obtain authorizations on terms that facilitate project advancement. By leveraging our understanding of compliance enforcement, environmental risk assessment, and litigation risks, we have the legal acumen to help clients address the full spectrum of issues that may arise during project development.
Whether developing a project, building a new facility, or expanding or modifying an existing facility or product line, we regularly assist clients with navigating state, regional, and federal issues under authorities such as:
- National Environmental Policy Act (NEPA)
- National Historic Preservation Act (NHPA)
- Endangered Species Act (ESA)
- Clean Water Act (CWA)
- Outer Continental Shelf Lands Act (OCSLA)
- Marine Mammal Protection Act (MMPA)
- Migratory Bird Treaty Act (MBTA)
- State law counterparts to these authorities
Our lawyers work closely with clients to manage all phases and aspects of the permitting process, from the earliest stages of pre-permit and pre-construction planning to negotiating and obtaining advantageous permit terms, to appealing permitting actions and defending permits or projects against third-party challenges. We particularly are adept in collaborating with technical consultants and both internal and external project stakeholders—including permitting authorities and citizen groups—to ensure successful outcomes for our clients’ natural resources projects.
How We Add Value
- Regulatory knowledge: We advise clients on project permitting under the various environmental statutes. Our experience encompasses Clean Air Act conformity determinations, Clean Water Act permitting, ESA compliance, NHPA determinations and Memoranda of Agreement, and right-of-way grants under the Mineral Leasing Act and Federal Land Policy and Management Act, as well as findings regarding parkland and protected lands under Section 4(f) of the Department of Transportation Act.
- Compliance enforcement: For many years, our lawyers have worked extensively with federal agencies, private applicants, and environmental contractors. This collaboration ensures timely and successful compliance with the myriad environmental and natural resource statutes that are applicable in federal permitting contexts.
- Environmental risk assessment: We frequently advise on matters related to Environmental Impact Statements (EIS). We are well-versed in how an EIS serves as a platform for numerous decisions made by federal agencies and sets a target for project opponents. Additionally, we are skilled at identifying and addressing potential issues during the EIS development process.
- Top-tier litigators: Our team, comprising many former trial lawyers from the Department of Justice’s Environmental and Natural Resources Division, has substantial experience in defending federal authorizations in federal court. With deep knowledge and understanding of common litigation sources, we are able to formulate effective project development strategies.
Representative Matters
- Assisted a pipeline company on NEPA, the CWA, historic preservation, ESA, and related matters in conjunction with the U.S. Department of State’s permit requirements for a crude oil pipeline that crosses an international border of the United States, and similar issues relating to a domestic crude oil pipeline that was challenged in litigation by multiple organizations.
- Representing a client in a NEPA review and related proceedings before the Surface Transportation Board (STB) related to the proposed acquisition of a Class I railroad company.
- Representing numerous alternative energy clients in permitting and other regulatory issues concerning offshore wind facilities, battery storage, large scale solar, conversion of petroleum refineries to renewables, and clean fuels. Our work with these clients provides a tangible contribution to combating climate change, developing a significant renewable energy source, and reducing the United States dependence on foreign fuel sources. Developing alternative energy resources also contributes to the development of significant infrastructure for transmission, port, data, road, education, and labor.
- Providing strategic advice to an investor in fossil fuel assets on legislative and regulatory developments related to pipeline projects, such as the recent Nationwide Permit rulemaking and challenges to that rulemaking under the CWA. We also provide advice regarding litigation challenges and outcomes that may affect these projects.
- Representing a leading battery storage developer on California siting, as well as energy and environmental regulatory matters, including counseling on site remediation for battery storage sites. This company is critically important to the goal of transitioning to 100% renewable energy in California.
- Assisting a multinational manufacturer of specialized pharmaceuticals with permitting regulations of the Nuclear Regulatory Commission.
- Providing advice to a global retailer on Federal Communications Commission and NEPA regulations related to the development of non-geostationary satellites.
- Advised the Federal Aviation Administration (FAA) on federal environmental compliance duties under NEPA and related federal statutes arising from two historic undertakings: first, the FAA’s review of the proposal by the City of Chicago to conduct a multibillion-dollar improvement project at O’Hare International Airport and, second, the FAA’s redesign of the navigable airspace over New York, New Jersey, and Philadelphia.
- Assisted a natural gas pipeline operator in the NEPA review conducted by Federal Energy Regulatory Commission in connection with the issuance of federal approvals for the construction and operation of the interstate pipeline.
- Providing advice on climate change and ESG laws and regulations to an association that represents midstream energy/oil corporations, such as proposed Fish and Wildlife and NOAA revisions to ESA regulations. We assist the association to prepare comments and to undertake policy advocacy to advance the industry’s position on proposed revisions.
