Justin Smith Discusses the Use of AI in Permitting Processes with Law360
Of Counsel Justin Smith (Washington, DC) recently spoke to Law360 about the federal government’s use of artificial intelligence in permitting and rulemaking.
As B&D wrote in an earlier news alert, agencies such as the U.S. Department of the Interior have begun integrating AI tools into National Environmental Policy Act (NEPA) reviews and other permitting processes. Justin noted in “Feds' Use Of AI In Permitting, Rulemaking Raises Concerns,” that “because attorneys, businesses, and other groups are accustomed to a NEPA review process that has been fairly predictable for a long time, the lack of details about how the government is incorporating AI into reviews has created confusion.”
He explained that although agencies like the U.S. Environmental Protection Agency and the Department of the Interior have suggested AI is already improving efficiency, “there is not much of a public footprint.” Justin emphasized that limited transparency could undermine trust in federal decision-making, particularly given the importance of meaningful public input. Even the perception of diminished human oversight, he said, could “create real ammunition for project opponents.”
To help mitigate litigation risk, Justin recommended that federal agencies “be more forthcoming about [their] AI efforts.” He also encouraged companies to proactively engage with regulators, suggesting they may want to ask, “‘Can we help? Can we talk about the safeguards so that the first time you’re hearing about it isn’t when there’s litigation down the line?’”
Beveridge & Diamond helps clients navigate the intersection of technology, environmental law, and government decision-making. As agencies increasingly integrate artificial intelligence into permitting, compliance, and environmental review processes, our team advises on emerging legal, regulatory, and operational considerations. We guide clients in managing risk, ensuring transparency, and engaging effectively with federal and state agencies as AI tools reshape environmental governance. For more information, please contact the authors.
