EFFICIENCY AND ENVIRONMENTALISM THE CASE FOR UNIFORM PROCEDURES ACTS IN STATE ENVIRONMENTAL LAWS

Author: 

David Miller

Imagine for a moment that you recently acquired a piece of undeveloped property. For whatever reason, you intend to improve the property by building a structure or otherwise developing the land. Wanting to do your due diligence and comply with all applicable laws, you hire a consultant of some sort to navigate the often-choppy regulatory waters. You learn that your plans will require several environmental permits to meet the provisions of the state’s land use laws. After hundreds, perhaps thousands, of dollars in permit fees and consultant costs, you learn from the state regulatory agency that, while two of the necessary permits have been approved, the final permit is still in the review process, and under the statute the state still has another thirty days before it is required to notify you of the result. It is now the end of fall and your window for beginning construction before winter, which makes excavation all but impossible, is rapidly closing. There is a real possibility that you will receive final approval that will be largely meaningless. This is just one example of the hardships developers, builders and private citizens face in the environmental permitting process, and it is one that can be prevented. View More