I thought force majeure is for weather catastrophes, natural disasters, terrorism, “acts of God”. Not for “we didn’t get the permits”.
And it depends on why they didn't get the permits.
Miss a deadline for filing? Not force majeure.
Permit that was reasonably expected to be granted denied due to a major shift in public policy? Possibly force majeure.
Power companies refuse to provide service due to a decline in overall capacity or spike in overall demand not reasonably foreseeable by the contracting parties? Possibly force majeure.