A new idea has emerged in the federal permitting reform space: “de-risking” permits via a government-managed insurance program. The context for this development is that investors lack confidence in their ability to secure federal permits due to the power of political appointees at permitting agencies to delay, cancel, or revoke permits. This has resulted in a new permitting reform priority: “permitting certainty,” or the notion that a permit, once granted, won’t be reversed under a future administration. While this is a laudable goal, policymakers must appreciate that government interventions can make these problems worse.
