Evidence-Based Recommendations for Overcoming Barriers to Federal Transmission Permitting

The report analyzes the federal permitting process for high-capacity electric transmission lines in the U.S., identifying systemic delays caused by poor interagency coordination, capacity shortages, and regulatory misalignment between federal and state authorities. Based on a dataset of 37 projects and case studies, it argues that while litigation is often cited as a primary barrier, it is rarely the sole cause of project failure. The authors recommend that the President prioritize transmission as a national priority, that Congress consolidate siting authority for multi-state projects, and that agencies adopt more agile, transparent, and collaborative environmental review processes, including expanded use of programmatic EISs and categorical exclusions.

• The U.S. requires a three- to four-fold increase in transmission capacity over the next 30 years to meet demand, yet annual investment for large powerlines (100 kV and above) actually decreased between 2010 and 2020.
• Transmission constraints have led to over 1,000 gigawatts of clean energy being stuck in interconnection queues, with average wait times increasing from less than two years in 2008 to five years in 2023.
• Data analysis of 37 transmission projects with an Environmental Impact Statement (EIS) between 2010 and 2020 shows that these projects represent only 3.5% of all new lines but account for 26% of total new line miles.
• The average time from the publication of a Notice of Intent (NOI) to the release of a Record of Decision (ROD) for the analyzed projects was 4.3 years, with a median of 3.7 years.
• Contrary to common belief, litigation is not the primary driver of project failure; 54% of analyzed projects faced no litigation or substantial opposition, and only four of the 37 investigated lines were canceled.
• Most lawsuits filed by project opponents are decided in favor of the project, and courts almost always deny motions for preliminary injunctions.
• Permitting delays are often caused by a 'waterfall' approach to regulatory review, where agencies wait for their turn rather than engaging in concurrent, iterative coordination.
• Regulatory misalignment between state and federal processes can add years to timelines; for example, Oregon law requires a site certificate application to be incomplete until all federal permit applications are submitted and timelines are identified.
• The use of the FAST-41 process, which provides coordinated and transparent review, was cited as a reason for the relatively quick 2.5-year EIS completion for the Ten West Link project.

APA

Boling, T., & Gimre, K. (2024). Evidence-Based Recommendations for Overcoming Barriers to Federal Transmission Permitting. Clean Air Task Force. https://www.catf.us/wp-content/uploads/2024/04/evidence-based-recommendations-overcoming-barriers-federal-transmission-permitting.pdf

Chicago

Boling, Ted, and Kerensa Gimre. Evidence-Based Recommendations for Overcoming Barriers to Federal Transmission Permitting. Clean Air Task Force, 2024. https://www.catf.us/wp-content/uploads/2024/04/evidence-based-recommendations-overcoming-barriers-federal-transmission-permitting.pdf.

Wikipedia

{{cite report |last1=Boling |first1=Ted |last2=Gimre |first2=Kerensa |title=Evidence-Based Recommendations for Overcoming Barriers to Federal Transmission Permitting |publisher=Clean Air Task Force |date=April 2024 |url=https://www.catf.us/wp-content/uploads/2024/04/evidence-based-recommendations-overcoming-barriers-federal-transmission-permitting.pdf |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{boling2024evidencebased, author = {Boling, Ted and Gimre, Kerensa}, title = {{Evidence-Based Recommendations for Overcoming Barriers to Federal Transmission Permitting}}, institution = {Clean Air Task Force}, year = {2024}, month = apr, url = {https://www.catf.us/wp-content/uploads/2024/04/evidence-based-recommendations-overcoming-barriers-federal-transmission-permitting.pdf}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }