Many jurisdictions impose procedural requirements on companies seeking to site large industrial products. Wyoming in particular requires a robust application and hearing process before project proponents may proceed with development. Dorsey’s attorneys have successfully shepherded numerous projects through all phases of the Wyoming industrial siting process, including jurisdictional issues, application, review, and formal hearings. Among Dorsey’s Industrial Siting experiences are a successful representation of the largest project to ever secure a Wyoming Industrial Siting Act permit.
Wyoming Industrial Siting
Wyoming has the most rigorous industrial siting process in the nation. Projects exceeding $290,444,666 in costs undergo a multi-step process including:
- A jurisdictional meeting in which the Industrial Siting Division determines whether a project is subject to the Industrial Siting Act;
- An application process in which the project proponent prepares and submits an application; and
- A review and decision process, in which the Industrial Siting Division reviews the application for completeness, and the Industrial Siting Council conducts an administrative trial to determine whether to grant a permit.
Some typical projects include large transmission projects, natural resource projects, large energy generation and commercial-scale renewable energy projects, or other projects that exceed $290,444,666 in costs.
Other Jurisdictions
Wyoming is not alone in requiring state review of large projects. Other state siting statutes include: the Montana Major Facility Siting Act, the North Dakota Energy Conversion and Transmission Facility Siting Act, and the Washington Energy Facility Site Locations Act. Some states have promulgated siting statutes for wind or solar projects specifically. For instance, Minnesota specifically governs Large Wind Energy Conversion Systems, and Oregon has regulations specifically governing wind and solar power facilities. If your business requires advice related to any of these statutes, Dorsey lawyers are ready and eager to assist.