Deep Dive Episode 229 – Overcoming the Challenges to Clean Infrastructure
Regulatory Transparency Project's Fourth Branch Podcast
Regulatory Transparency Project's Fourth Branch Podcast
On November 15, 2022, President Biden signed the Infrastructure Investment and Jobs Act. On May 11, 2022, the White House released the Permitting Action Plan, to “accelerate and deliver infrastructure projects on time, on task, and on budget.”
The infrastructure bill represents a major public investment in infrastructure development. And yet significant obstacles to infrastructure development remain. Does the infrastructure bill help overcome some of those obstacles? How does the Permitting Action Plan address those obstacles? How can the federal government work with states, localities, tribes and territories to overcome these challenges?
In this webinar, energy policy experts discussed these questions and more.
Featuring:
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
President & CEO, The Permitting Institute
Alex Herrgott is a nationally recognized infrastructure policy and project delivery expert with experience that spans a broad range of industries. He created The Permitting Institute after nearly two decades of creating bipartisan partnerships and common-sense reforms in Congress, the executive branch, and the private sector. His work continues to focus on needed infrastructure improvements that will deliver economic growth while ensuring a comprehensive review of policies in place to minimize impacts on the natural environment.
Partner, Perkins Coie LLP
As an associate director at the President’s Council on Environmental Quality (CEQ), Edward (Ted) Boling served as the country’s top National Environmental Policy Act (NEPA) attorney. He currently advises clients on the development of renewable energy, resource development, transportation, and infrastructure, drawing on over 30 years of high-level public service.
Ted served in the U.S. Department of the Interior (DOI), CEQ, and the U.S. Department of Justice (DOJ) in both Democratic and Republican administrations. His experience includes deep involvement in federal infrastructure issues, as well as leadership of the first comprehensive revision of CEQ’s NEPA regulations in 40 years.
Ted’s work at CEQ also included the National Ocean Policy, CEQ’s climate change guidance, and the regulatory response to the Deepwater Horizon disaster. He drafted NEPA guidance on mitigation and monitoring, cumulative impacts analysis, and the development categorical exclusions from detailed NEPA documentation. Ted advised on the establishment of numerous national monuments, including the first marine national monuments in the United States and the largest marine protected areas in the world. He also assisted in briefing three U.S. Supreme Court cases.
At DOI, Ted handled matters involving energy development on the outer continental shelf, including offshore wind power development, and the fast track for solar and wind energy projects on public lands. He has provided legal and policy advice on environmental issues concerning the Federal Columbia River Power System and the California Central Valley Project.
At DOJ, in the first 10 years of his career, Ted litigated significant cases involving NEPA, endangered species, marine mammals, wetland protections, and public lands. He was involved in litigation concerning the Northwest Forest Plan, National Forest management decisions, and Federal Transit Administration decisions in New England.
Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Mario Loyola is a Senior Fellow for Law, Economics, and Technology at The Heritage Foundation.
Loyola served in the Trump Administration as Associate Director for Regulatory Reform at the White House Council on Environmental Quality. In that role, he was one of the principal drafters of the One Federal Decision policy, which helped to streamline the permitting and environmental review of large infrastructure projects. While at CEQ, he was a member of the U.S. delegation to the USMCA free trade negotiations with Mexico and Canada, as well as the United Nations conference on biodiversity on the high seas. Loyola initially joined the White House in February 2017 as a Presidential Speechwriter, employing his expertise in many areas of foreign and domestic policy.
After beginning his career in M&A and corporate finance law, Loyola served in the Bush 43 Administration as a special assistant to the Undersecretary of Defense for Policy. He left that position to start writing on national defense issues in magazines such as National Review and The Weekly Standard, reporting from the front lines of the war on terrorism in Lebanon, Israel, and Iraq. He finished the Bush Administration as Foreign and Defense Counsel to the U.S. Senate Republican Policy Committee, then under the chairmanship of Senator Kay Bailey Hutchison of Texas. He subsequently moved to Texas and joined the Texas Public Policy Foundation, where he specialized in energy, environment, and federalism.
Loyola is a frequent contributor to The Wall Street Journal, National Review, and The Atlantic, among others. He teaches environmental and administrative law at Florida International University, where he is Founding Director of the Environmental Finance and Risk Management program in FIU’s prestigious Institute of Environment. He received a bachelor’s degree in European history from the University of Wisconsin–Madison and a J.D. from Washington University School of Law.