GETTING RENEWABLE PROJECTS BUILT: OVERCOMING THE BARRIERS, AVOIDING AND RESOLVING OPPOSITION AND DISPUTES Strategies for Preventing and Addressing Local Opposition Sponsored by: ACORE and American Bar Association, Renewable Energy Resources Committee January 21, 2009 Bart E, Cassidy, Esquire Manko, Gold, Katcher & Gox, LLP 401 City Avenue, Suite 500 Bala Cynwyd, PA

Considering Potential Local Opposition in the Initial Stages of the Project  Timing is critical in evaluating project schedules and considering the potential impact of local opposition –Successfully managing local opposition can provide significant scheduling benefits –Successfully managing local opposition is dependent on thoughtful scheduling considerations – start early!

Considering Potential Local Opposition in the Design of the Project  Attempt to identify the nature, extent and character of potential local opposition to the project –Research local community issues, local governance, prior controversial issues –Establish “communication center”?  Attempt to take local interests into account as a “design” consideration, even if the interests are not immediately tied to the project itself.

Importance of Defining the “Message” and the Interaction  Inconsistent information can substantially damage creditability and undermine effectiveness of communication  It is critical to define, for strategic “design” purposes, the range of issues that may be influenced by local input –In general, willingness to implement certain changes to address local concerns can significantly reduce opposition –On the other hand, creating “false hope” is more likely to backfire.  Identify the appropriate spokesperson for the project for a specific forum or interaction

Identify the Potential Opposition  Recognize that many individuals or entities may have specific questions or issues, but do not have sufficient interest to participate in the process – identify those who will, and especially those that represent a broader constituency.  Make an effort to understand, and to demonstrate an interest in understanding, the specific issues of concern to the potential opposition. –Avoid dismissing the concerns, especially in implying ignorance of sophisticated projects

Tailor the Message to the Audience  Utilize scientific/technical information where appropriate and informative, not to appear to overwhelm local groups  Recognize that, in many circumstances, the potential opposition may be very well informed, and the exchange of information should reflect that level of knowledge

Consistency is Critical  Variations in strategic approach are usually transparent to opposition, and almost always send the wrong message  In some cases, a project proponent may not convince 100% of the potential opposition to support the project. –We should design our efforts toward 100% support (or at least 0% vocal opposition), but should recognize those circumstances when that will not be accomplished. –In such cases, do not focus your continued efforts on the 10% contingent that will not be convinced. Instead, ensure that the 10% contingent is not controlling the message to the remaining 90%.  Make reasonable efforts to address citizen concerns, but ensure that such efforts are consistent with the overall project and community relations strategies.

Accommodations to Public Objections  When making adjustments to project design or implementation in response to public comment, clarify the basis and allowable extent of the adjustment, and any limitations on other changes.  Providing resources to local groups to assist in their understanding of the project may be helpful, but ensure that such resources are utilized in an appropriate manner.

Interaction with Government/Permitting Agencies  Assist government agencies in responding to public comments and concerns by providing relevant information and demonstrating an effort to be responsive to public comments and, where appropriate, accommodate public concerns.  Ensure that the information provided to the regulatory agency is entirely consistent with the information provided in all public fora  Make every effort to ensure that the government agency learns of potentially relevant information from the project proponent, not local opposition

Interaction with Government/Permitting Agencies  Recognize that, despite best efforts, the project proponent may ultimately become embroiled in an appeal arising from the permit action (appealing a permit denial, or defending against a third party appeal of permit issuance). –Ensure that the administrative record for the permit application supports issuance of the permit. Consistency with public statements is critical here. –In addition, the permit application should appropriately address public comments in opposition to the project.

Conclusions  In most instances, time spent on effective interactions with potential opposition reduces the overall schedule for project implementation on a greater than 1:1 ratio.  Recognize that the broader “world” benefits of renewable energy projects will not necessarily be perceived by potential local opposition as sufficient to justify local impacts.  Establish and maintain a consistent approach toward communication, ensure that relevant government agencies are kept informed and define the range of potential project adjustments that are available to address local concerns.