Getting Infrastructure Built: The Law and Economics of Permitting

Given the benefits to economic growth and economic mobility, and the need to transition to green energy, getting infrastructure built is an urgent issue. I first review the evidence on the costs and benefits of the current regime of government approvals for such building: in the United States, permitting is slow, infrastructure is expensive, and environmental outcomes are not particularly good. I propose a framework for reform with two dimensions: the power of the executive branch to decide and its capacity to plan. After considering reform possibilities, I propose that reforming both dimensions could lead to a possible “green bargain” that benefits efficiency, the environment, and democracy.