Geothermal's permitting patchwork problem

When novel technologies get shoehorned into ill-fitting permitting systems, the results are rarely enviable. In a recent piece, Samuel Roland tours the byzantine landscape of state-level geothermal regulation. While some states consider geothermal a “surface estate” - where the landowner holds the rights - others allocate it as a mineral right to a separate - sometimes difficult to locate - entity. Attempts to map geothermal permitting onto existing technologies like oil & gas drilling have also led to permitting processes that don’t match actual risks for each project phase, and a dizzying patchwork of agency jurisdictions. To top it off, unclear application of western water law can create enough legal risk to kill project financing. The piece proposes several practical fixes, including a voluntary model code, statutory safe harbors for non-consumptive water systems, and risk-tiered permitting.