Permitting Nightmares
Those who develop commercial and industrial properties understand the need to plan for and obtain required environmental permits. Permitting has become an art form in some parts of this Country. Developers often face inconsistent permitting requirements, difficult to anticipate criteria, seemingly endless (and therefore costly) permit processing periods, and hefty permit fees.

Cross-media permitting (permits for different kinds of pollution, such as air, water, etc.) is often most difficult. In certain states, a project requiring air permits, hazardous waste permits, and pollution discharge permits, is the functional equivalent of having a wisdom tooth pulled without the benefit of anesthesia. The permitting process may go on and on, with costs and tempers escalating, peace of mind evaporating, and no end in sight.

Recognizing that cumbersome permitting procedures have been one reason that new businesses have avoided entering their states, some states are reforming their permitting processes. In this area, California deserves much credit.

California's Answer ...
California is one of those states regarded as a leader in promoting environmental protection. Recognizing that some of its many permitting laws are complex and confusing ... sometimes test[ing] the patience of even the most committed applicant, California has recently streamlined its permitting process so that, at least largely, One-Stop permitting offices located throughout the State can simplify and coordinate the process.

The history of unified permitting in California begins in 1992, when Governor Wilson directed the California EPA to develop comprehensive legislation and regulation to streamline the environmental permitting process in California. A draft report followed shortly thereafter.

The most significant movement occurred in October 1995, when California and the United States EPA entered into a cooperation agreement to harmonize their regulatory efforts. One of the resulting reforms was the establishment of One-Stop Permit Assistance Centers. And thus, about one year ago, the ball was set in motion as eight of these centers opened, with more planned.

According to the California EPA, these centers accomplish the following objectives:

1. environmental protection
   
2. reduction of regulatory burden
   
3. elimination of regulatory overlap
   
4. efficiency enhancement.
   

Conclusion
California has embarked on an ambitious program to address permitting complexities. In so doing, the state walks the often perceived delicate line that separates pro-business concerns from pro-environmental concerns. Many States have recently discovered that these seemingly competing interests may not be competing at all. In this regard, time will tell whether California's bold program strikes a perfect harmony.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.