Siting and Permitting Energy Projects: Managing the Risks

Selecting the Site, Navigating the Regulatory Authority, and Winning the Public Relations Battle

Recording of a 90-minute premium CLE webinar with Q&A

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Conducted on Tuesday, February 16, 2016

Recorded event now available

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Course Materials

This CLE course will provide guidance to counsel involved in energy project development to navigate the siting and permitting challenges. The panel will discuss the regulatory and environmental hurdles and offer strategies for getting an energy project sited and permitted.


Siting and permitting energy projects—conventional power projects, renewable power facilities, and oil and gas projects—can be a daunting task with regulatory hurdles and project opponents standing in the way.

Several key risks must be considered in planning an energy facility: regulatory risk, public relations risk, and litigation risk. The uncertain division of authority among federal, state, and local governments sometimes create an additional layer through which project developers and their counsel must cut.

For any energy project, counsel will work to negotiate regulatory terms and conditions in an effort to minimize the need for later modifications, the danger of public opposition, and the risk of subsequent litigation. In particular, counsel must guide the client through the complexities of the siting and permitting phase of an energy project.

Listen as our authoritative panel examines the key risks inherent in energy projects. The panel will also discuss successful strategies for addressing and minimizing those risks.



  1. Risk Analysis
    1. Regulatory Risk
      1. Approval/Licensing
      2. Cost Recovery
      3. Avoiding/Minimizing Regulated Status
    2. Media, Public Relations Risk
    3. Litigation Risk
  2. Different Project Stages Present Different Risks
    1. Project Design
    2. Site Selection
    3. Permitting/Approval
    4. Construction
    5. Operation
  3. Eash Industry has its Own Risks
    1. Upstream Oil & Gas
    2. Downstream Oil & Gas
    3. Conventional Power
    4. Renewable Power
  4. Strategies for Limiting Risk
    1. Limiting Regulatory Risk
    2. Limiting Media, Public Relations Risk
    3. Limiting Litigation Risk


The panel will review these and other key issues:

  • What factors must a company and their counsel consider when selecting a site for an energy project?
  • What environmental issues will impact obtaining a permit for an energy project?
  • What strategies can developers, property owners and their counsel employ in siting and permitting an energy project?


Barkley, James
James H. (Jim) Barkley

Baker Botts

Mr. Barkley has been involved in most phases of wholesale and retail deregulation of the Texas electric market. He...  |  Read More

Bill Kroger
Bill Kroger

Baker Botts

Mr. Kroger concentrates in litigation involving energy and alternative energy, commercial disputes, personal injury and...  |  Read More

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