When beyond compliance is the expectation: the realities of environmental planning and permitting for renewable energy projects in the great plains of the United States

Abstract

Utility-scale wind and solar development have higher land use requirements than fossil fuel energy, and therefore bring with them more complex environmental planning challenges. The formal mechanisms which may require a renewable energy developer to consult with wildlife agencies regarding environmental impacts, however, are limited, especially on private lands. Renewable energy represents a unique governance context, where there are limited formal regulations or regulative pressure and an increased reliance on normative pressure and beyond compliance behavior. This research looks to understand how different renewable energy firms behave in the current regulatory environment in the region given a limited number of regulatory constraints. We conducted 19 one-hour interviews with individuals representing 15 development firms which had operational projects or were working on developing projects in North Dakota, South Dakota, Nebraska, Kansas, Iowa, Oklahoma, and Texas. We found that motivations for environmental behavior were driven by economic, social, or normative norms, with quick development timelines and low risk being a key consideration. Participants identified the changing regulatory requirements, content, or timelines as well as variations in how regulatory frameworks were enacted to be challenging to navigate. Relationships between renewable energy developers and state and federal wildlife agencies are complex, but participants shared an overall positive view of these interactions. Overall, this research provides insight into how renewable energy developers operate within the current regulatory environment and emphasizes the beyond compliance expectations that currently exist for developers.