Expediting Environmental Reviews of Infrastructure Under New Executive Order and Revised NEPA Regulations

Meeting Imminent Risk Requirements and Potential Legal Challenges

Recording of a 90-minute CLE webinar with Q&A

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Conducted on Wednesday, September 23, 2020

Recorded event now available

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Course Materials

This CLE course will examine recent federal efforts to streamline environmental reviews and permitting of infrastructure projects. The panel will address streamlining mechanisms under recent Executive Orders and the revised regulations implementing National Environmental Policy Act (NEPA) issued by the Council on Environmental Quality on July 16, 2020.

Description

The environmental review and permitting processes for infrastructure projects that require Federal approvals or funding can be expensive, time-consuming, and take years of planning and construction. The Trump Administration has taken recent efforts to improve the efficiency of these processes and minimize delays in project development, such as promulgating revised regulations implementing the NEPA, and Executive Orders to streamline federal permitting processes under the Endangered Species Act (ESA), and Clean Water Act (CWA). However, agencies and project proponents should be aware that taking advantage of such new streamlining mechanisms and revised NEPA regulations is not without risk.

Listen as our authoritative panel guides counsel through recent Federal efforts to streamline the environmental review and permitting of infrastructure projects, and the associated advantages and disadvantages.

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Outline

  1. Recent federal efforts to streamline the permitting and environmental review of infrastructure projects
    1. Executive orders expediting infrastructure reviews
    2. Revised regulations implementing NEPA
  2. Best practices to mitigate risk
  3. Advantages and disadvantages of utilizing process

Benefits

The panel will review these and other noteworthy topics:

  • What are the processes mandated in the June 4, 2020, Executive Order?
  • What are the noteworthy revisions to the regulations implementing NEPA, issued on July 16, 2020?
  • How are environmental reviews for infrastructure projects being handled under this expedited process?
  • What are the advantages and disadvantages of using an expedited process?
  • How can projects using the expedited process mitigate the risk of future litigation due to potential noncompliance with permitting requirements?

Faculty

Ashe, Kevin
Kevin J. Ashe
Attorney
Holland & Knight

Mr. Ashe is an attorney in Holland & Knight's San Francisco office and a member of the firm's West Coast...  |  Read More

Petersen, Rafe
Rafe Petersen
Partner
Holland & Knight

Mr. Petersen is a partner in Holland & Knight's Washington, D.C. office and is a member of the firm's...  |  Read More

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