12.01.2020

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General News

Eric Fjelstad was quoted in the S&P Global Market Intelligence article, "US Agencies Push Ahead on Mine Permitting During Trump Lame-Duck Period," regarding government's decision-making in matters such as permitting and technical studies.

The lame-duck period of any elected official's tenure is the time during which they are outgoing but still in power. It is typical for lame-duck presidential administrations to oversee permitting decisions of political importance, said Eric.

Eric compared the push to the Obama administration's opposition to the Dakota Access pipeline, which persisted until that government's final days. "When they're high profile, [it happens] for sure," Eric said. "Administrations are trying to push things through they support and stop things they don't support. Democrats and Republicans do it."

However, if there is evidence that the government's decision-making was rushed, its decisions in matters such as permitting and technical studies could face increased risk in terms of legal challenges, Eric and two other legal experts told Market Intelligence, declining to discuss specific projects.