The Benefits of Partnering with an Experienced First-Party Consultant Throughout the NEPA and Permitting Processes
By Todd Glindeman, mining and waste market sector director, Brown and Caldwell
Recent federal directives, including the Trump administration’s efforts to streamline the environmental review and approval process for infrastructure projects (EO 13807) and promote critical minerals development (EO 13817), are improving the mining industry’s ability to navigate the National Environmental Policy Act (NEPA) process in a more timely and efficient manner. Yet, much uncertainty remains for mining companies embarking on a protracted federal and state permitting process where costs are increasing dramatically. Mining companies that partner with an experienced first-party consultant prior to and during the permitting process maximize their opportunity to cooperatively navigate these permitting challenges.
In the context of NEPA approval and permitting, a first-party consultant is an owner’s advisor with expertise in planning, procuring, and managing collaborative delivery projects. A first-party consultant can provide essential guidance, strategy, direction, execution, and advice to an organization on regulatory, technical, and communications processes. This approach enhances continuity and standardizes project management. It enables mining companies to establish a project support team that may include subject matter experts and specialized consultants. The first-party consultant can bring a culture of collaboration, establish effective internal and external communication, and develop a change and risk management process.
An experienced first-party consultant also brings technical expertise with a local presence, deep bench, collaborative working relationships with federal and state agencies and stakeholders, and effective technical support and client advocacy on key issues. By partnering with the mining company’s technical team, the first-party consultant can begin baseline resource surveys and effectively address technical challenges that are likely to develop during the permitting process—surveys such as water quality (e.g., advanced water modeling, water management design) and ecosystem resources (e.g., fisheries, vegetation, wildlife)—as well as provide permitting support beyond the NEPA process.
If there is certainty in permitting, it is that change will occur on the project—whether it be personnel changes at the federal and state agencies, third-party consultant management structure, scope of work, or regulatory environment. Proper planning and implementation activities to manage this change are critical to meeting the project schedule. The mining industry must also engage with stakeholders—non-governmental organizations (NGOs), indigenous tribes, and private citizens who can be cautious of the mining industry’s vision—to supply the necessary minerals to support the world’s demand. Today, these stakeholders are more organized, have increased access to data, have stronger technical capabilities, and can delay projects if they are successful in their challenges. However, an experienced first-party consultant who understands the potential schedule pitfalls in the NEPA process, and how to avoid them, enables mining companies to meet schedule milestones and minimize the potential for successful challenges.
To effectively drive schedules, ancillary permitting tasks must be performed concurrently with the NEPA process. Dozens of federal, state, and local permits are often required and may take a year or more to secure. Examples of federal regulations include NEPA, Clean Water Act, Clean Air Act, Section 106 National Preservation Act, and Section 7 of the Endangered Species Act. In addition to federal regulations, there are numerous state and local regulations, including the National Pollution Discharge Elimination System, cyanidation, air, water rights, and financial assurances. A first-party consultant with proven experience in securing these permits for previous mining projects can reduce the time involved in meeting project schedule milestones and avoid surprises, delays, and challenges.
Through an effective partnership with a first-party consultant, mining companies can achieve a scalable, streamlined, and focused approach to developing and implementing a successful mine permitting strategy.