AP PHOTO/CHARLES KRUPA
SINKING IN
BUREAUCRACY
permitting, and as the sole interface between developers and the
government. Strict timelines are in
place for reviewing the impacts and
considering alternatives, and an
ample but clearly defined window
for public input and court challenges keeps proposals from becoming
bogged down in endless litigation.
Matthew Brown, the Common
Good attorney, also notes that in
many cases a dedicated administrative court with specialized knowledge of renewable project technology and permitting issues is in place
to handle disputes.
“We already have a variety of
specialized courts, like bankrupt-
HUFFINGTON
03.10.13
cy court and international trade
court,” Brown said. “New York City
diamond dealers are signed into an
informal court system that deals
with commercial disputes between
diamond dealers. In other countries, challenges to infrastructure
projects — these would not go to a
court of general jurisdiction, they
would go to a court that is very
keyed in to the issues — and able to
rule more quickly.”
Jim Maxeiner, an associate professor of law at the University of
Baltimore and an associate director
of the school’s Center for International and Comparative Law, suggested in an email message that a
project like Cape Wind would have
been permitted and built far faster
in Germany. “Under the German
U.S. Interior
Secretary
Kenneth
Salazar
announces the
construction
plans of the
Cape Wind
project in April
2011.