The Promises and Challenges of FAST-41

This presentation will evaluate the effectiveness of Title 41 of the Fixing America’s Surface Transportation Act (FAST-41) in streamlining permitting for infrastructure projects, particularly those on federally managed and Tribal lands, and why few projects, especially in mining, have obtained FAST-41 coverage. It will also offer practical guidance for lawyers and project proponents on navigating the FAST-41 application process to secure coverage for their projects.

Credit(s)

1.2

CO Approval ID

849637

Original Program Date

July 20, 2024

Duration

60 minutes

Title 41 of the Fixing America’s Surface Transportation Act (FAST-41) was enacted in 2015 to create a more efficient, transparent, and accountable process for permitting complex critical infrastructure projects in the U.S. To coordinate the process, the law created the Federal Permitting Improvement Steering Council and the public-facing federal Permitting Dashboard where the permitting process for each FAST-41 “covered project” is tracked. FAST-41 has been promoted as critical for meeting the Biden administration’s infrastructure goals, particularly goals related to renewable energy development and increasing domestic supplies of critical minerals. Though many renewable energy projects have sought and obtained FAST-41 coverage, to date, only one mining project has obtained FAST-41 coverage. This presentation will examine whether FAST-41 has been effective, focusing on projects located on federally managed and Tribal lands. The speakers will also discuss why more projects are not FAST-41 covered projects, and provide practical advice to lawyers and project proponents as to how to apply and qualify.

Video presentation from the 70th Annual Natural Resources and Energy Law Institute.

Speakers

Credits

Materials

1 CLE Credit – Approval ID: CO ID - 849637

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

JOHN COSSA is the General Counsel of the Federal Permitting Improvement Steering Council. He focuses his practice on implementing FAST-41 - the Permitting Council's enabling statute - to bring predictability, transparency, and accountability to the Federal environmental review and authorization process for U.S. infrastructure projects. John’s area of expertise is natural resource development on federally managed lands and the Outer Continental Shelf, including oil and gas, pipeline, transmission line, renewable energy, and mining development on lands managed by the U.S. Department of the Interior (DOI). Joen leverages experience he gained from his time at DOI – first at the Bureau of Land Management; then at the Office of the Assistant Secretary, Land and Minerals Management; and finally at the Office of the Solicitor – and subsequently in private practice, to implement a host of legislative infrastructure permitting reforms.

KELLY JOHNSON is a Partner in Holland & Hart’s Washington D.C. office. She provides environmental and natural resources compliance advice and helps clients navigate complicated political and policy matters in Congress and federal agencies. After beginning her career at Holland & Hart, Kelly served as Senior Counsel to the Senate Energy & Natural Resources Committee. She later was the Principal Deputy Assistant Attorney General and Acting Assistant Attorney General in the Environment & Natural Resources Division at the U.S. Department of Justice. Kelly has served as the Administrative Partner of the Washington D.C. office for Holland & Hart since 2006. From 2012 to 2017, she led Holland & Hart’s Environment and Natural Resources Practice Group and recently completed a three-year term as an elected member of the firm’s management committee. Kelly received her J.D. from the Indiana University School of Law, where she graduated magna cum laude. She also holds an M.P.A. from the School of Environment & Public Affairs at Indiana University and a B.S. in Environmental Management from the School of Environmental and Biological Sciences at Rutgers University.