Graphic Depiction Homework Due on February 18

Each student (no teams this time) is to prepare a graphic depiction of the process for obtaining a particular permit, approval, or other necessary government decision. You are strictly limited to three slides at most (preferably only two slides but I am also looking for accuracy and sometimes oversimplification affects accuracy). You must use a legible font size! The purpose of the exercise is to communicate complex information clearly and accurately with as few words as possible. Be sure to consider the facts provided in the Gust Power hypothetical to guide and focus your legal analysis. Your audience (whether a project supporter or opponent, whether the developer, a resident or a regulator in the community in which the project will be situated, a state or federal regulatory agency, or an NGO) needs to understand what is entailed, how long the process will take, opportunities for public participation, opportunities for delay and expedition of the process, and appeals. This exercise is about process so do not waste your energy (or words) describing the contents of required submittals. Usually, but not always, the legislators delegate to the agencies the job of developing the procedures for obtaining permits/approvals and memorializing them in regulations. Hence, you should focus your attention in this exercise on the relevant implementing regulations. You should also double-check the statute to make sure that nothing important has been omitted by the regulator. To save you time, I have provided the citations for you in the format you should use for citation purposes. Note that C.F.R. refers to the Code of Federal Regulations; CMR refers to the Code of Massachusetts Regulations; and, M.G.L. refers to the Massachusetts General Laws. Please let me know by email as soon as possible if you do not understand the assignment or if you are having any trouble. I intend this to be an exercise in interpretation and communication, not frustration! You will be assigned one and only one of the following: 1. Final Incidental Take Authorization for North Atlantic Right Whale. 16 U.S.C. § 1374; 50 C.F.R. Part 216; 50 C.F.R. Part 222; 15 C.F.R. Part 904. [David Baake, Sarah Weiner] 2. Final M.G.L. c. 91 Waterways License. M.G.L. c. 91; 310 CMR 9.00. [Ryan Cook, Andrew London] 3. Secretary’s Certificate of Compliance of Final Environmental Impact Report (FEIR) (for activities occurring within Massachusetts jurisdiction). M.G.L. c. 30, §§ 61-62H; 301 CMR 11.00. [Mateen Safaie, Sean Morrison] 4. Final Wetlands Protection “Permit” (this permit is termed “Order of Conditions” or “Superseding Order of Conditions”). M.G.L. c. 131, § 40; 310 CMR 10.00. [Daniel Carpenter-Gold, Rachel Raymond] 5. Final Massachusetts Office of Coastal Zone Management decision regarding the Federal Consistency Certification. 301 CMR 21.00; 15 C.F.R. Part 930, Subpart E. [Corey McGehee, Casey Clausen]