What to do next
Map every approval before committing capital
Identify environmental assessment triggers, regulatory approvals, and municipal or state/provincial permits. Sequence them, because many are interdependent and some take years.
Address Indigenous consultation properly and early
In Canada, the Crown owes a duty to consult where rights may be affected, and proponents carry practical obligations within that process. Genuine early engagement is both a legal and commercial risk-reduction measure.
Secure land, access and offtake rights
Surface and subsurface rights, easements, and access agreements need to be locked down alongside permitting. Confirm how disputes will be resolved in your key contracts.
Frequently asked questions
What triggers an environmental assessment?
It depends on project type, size, location, and jurisdiction, and both federal and state/provincial regimes can apply to the same project.
Is Indigenous consultation legally required?
In Canada the Crown has a duty to consult where asserted or established rights may be affected. Failure to consult adequately has resulted in approvals being set aside.
How long does permitting take?
Frequently years for significant projects, and interdependencies mean delays compound. Build realistic timelines into financing assumptions.
Who resolves regulatory disputes?
Specialized tribunals or regulators usually handle these, with judicial review available on limited grounds. Procedure differs markedly from ordinary litigation.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.