Understand the main elements of NEPA review and the decision documents as well as scope and timing.
Often called the linchpin of U.S. environmental laws, the National Environmental Policy Act (NEPA) directs Federal agencies to review proposed actions and to consider potential impacts that the action will have on the social, economic, and physical environment. NEPA is a process-forcing mechanism designed to ensure that environmental considerations are factored into the decision-making process and provides a springboard for public comment. Any project with a federal connection (e.g., a permit, financing, federal land etc.) will trigger NEPA review. The purpose of this topic is to help you understand the basics of NEPA review. We will explore the main elements of the three types of review (categorical exclusions, environmental assessments, and environmental impact statements), the decision documents, and scope and timing. In addition, we will touch on judicial review of NEPA decisions as well as trends in streamlining the process.
Learning Objectives
- You will be able to identify the levels of review.
- You will be able to recognize the basics of NEPA review.
- You will be able to discuss what NEPA applies to.
- You will be able to explain the goals of the National Environmental Policy Act.
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Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
What Are the Goals of the National Environmental Policy Act?
What Does NEPA Apply to?
Overview of Council on Environmental Quality's Updated Regulations Implementing NEPA
- Agency-Specific Regulations
What Are the Levels of Review?
- Categorical Exclusions
- Exceptions
- Environmental Assessment
- Role of Mitigation
- Finding of No Significant Impact
- Elements of an Environmental Impact Statement
- Purpose and Need
- Effects
- Alternatives
- Public Input
- Timing and Scope
- Record of Decision
Judicial Review
- Administrative Procedure Act and Hard Look Review
Federal Streamlining Efforts
- Pros and Cons of Streamlined Environmental Reviews
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on October 5, 2021.
Call 1-866-352-9540 for further credit information.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Rafe Petersen
Holland & Knight LLP
- Partner at Holland & Knight LLP’s Washington, D.C. office
- Member of the firm’s Government Section
- Primarily focuses on litigation and counseling in environmental and administrative law
- Environmental practice includes environmental compliance, enforcement, and litigation, with an emphasis on water and natural resource issues under the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act
- Assists clients in complex permitting and regulatory issues related to energy development, transportation, commercial and residential projects, mining, and infrastructure
- Regularly counsels clients on issues under NEPA including development of Environmental Assessments, Environmental Impact Statements and Records of Decision, responses to public comments and litigation preparation
- Experienced in environmental litigation at both trial and appellate levels and has successfully defended dozens of clients in federal courts related to NEPA claims
- Assists clients in responding to rulemaking efforts by federal agencies and in litigating agency actions under the Administrative Procedure Act (APA)
- Can be contacted at [email protected] or 202-419-2481
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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