The Reality Gap: Simplification of Environmental Law as Key for the Acceleration of Permit Procedures for Europe’s Green Deal

Abstract

To reach climate goals, there is a need for large scale changes to the energy system. This requires speedy permitting procedures. However, permitting procedures are everything else but speedy. Thus, there is a need to simplify the rules to accelerate the permit procedures. While permitting procedures are largely governed by national law, the central issue for large scale infrastructure projects is to handle the high standards of EU Environmental law. Enlarged rights of individuals and Non-Governmental Organizations (NGOs) to bring any mistaken application of these rules to court and thus stop projects from realization for years, represent the major risks of delay for the realization of infrastructure projects. Shortcomings on the application of EU Environmental law in permitting procedures are not only caused by narrow time schedules and stingy project promoters, but mainly by an overcomplex system of partly unclear rules that is evolving in the jurisdiction of the European Court of Justice (ECJ) only in one direction: Making every single rule even stricter case by case before the ECJ. This is reality. To cut on the duration of permit procedures for reaching climate goals in time, European environmental law needs to be adapted. Without streamlining and simplifying EU environmental law, all efforts to accelerate permit procedures are doomed to failure. This article suggests adaptations of the European Habitats and Birds Directives, Water Framework Directive and Environmental Impact Assessments Directive to significantly accelerate permit procedures. IMO Sulphur Regulation, Shipowner, Charterer, EGCS, Low Sulphur Fuel