Limiting NEPA: Practice Implications of the Seven County Decision
EIS Project Review, Litigation Strategy, and Regulatory Risk
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will examine the recent Supreme Court decision in Seven County Infrastructure Coalition v. Eagle County, in which the Court clarified the threshold for meeting NEPA requirements, emphasizing the scope of review and standard for agency deference.
Outline
- Introduction
- Case snapshot and holding
- NEPA and precedent
- NEPA basics
- Prior case law: Kleppe and Public Citizen
- Loper Bright and Chevron: putting deference in context
- Case analysis: Seven County
- Factual background
- Legal issues: up/downstream impacts, separation in time/space
- SCOTUS majority/dissenting opinions
- Practical implications
- Advising clients: reduced scope of review, risk mitigation strategy
- Strategic considerations for litigators: increased difficulty, shifting focus to agency discretion?
- Local government and environmental NGO perspective: new limitations, other avenues (CWA, ESA)?
- Industry-specific concerns
- Ethical considerations
- Future of environmental review
- Federal and state legislative responses
- State-level environmental review considerations
Benefits
The panel will review these and other important considerations:
- Understand how Seven County could affect regulatory review and oversight processes and shorten permitting timelines
- Gain insight into changes in project risks and how to reframe the scope of EIS work
- Learn how best to collaborate with regulatory agencies going forward
- Hear what adjusted "permitting strategies" will withstand future judicial scrutiny
Faculty
Andrew J. Brady
Partner
DLA Piper
Mr. Brady, Partner in DLA Piper's Downtown Los Angeles office, represents clients in administrative processes... | Read More
Mr. Brady, Partner in DLA Piper's Downtown Los Angeles office, represents clients in administrative processes before local, state and federal governmental agencies and in litigation matters in state and federal courts. He has helped clients obtain land use entitlements, government contracts, and permits for local and complex multi-jurisdictional development projects across California. Mr. Brady's expertise includes a deep working knowledge of state and local zoning laws and land use regulations, the California Environmental Quality Act, the National Environmental Policy Act, contaminated site remediation, and water rights. His experience also includes winning court cases and helping clients successfully navigate regulatory enforcement matters involving the California Environmental Quality Act, land use entitlements, soil and groundwater contamination, Clean Water Act permits, and air quality permits.
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Nathan R. Menard
Attorney
Hunton Andrews Kurth
Mr. Menard focuses his practice at the intersection of environmental and energy law. Prior to joining Hunton,... | Read More
Mr. Menard focuses his practice at the intersection of environmental and energy law. Prior to joining Hunton, he served as legal advisor to a Commissioner on the Federal Energy Regulatory Commission (FERC) where he provided counsel on legal issues that arose before the Commission, with a particular focus on environmental and permitting matters related to pipeline and liquified natural gas projects. Mr. Menard also served as an attorney advisor in FERC’s Rehearings group, where he was the team lead on rehearing orders covering a wide range of matters arising under the Natural Gas Act, Federal Power Act, National Environmental Policy Act (NEPA), Endangered Species Act, and Clean Water Act (CWA), among other statutes.
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Alexandra E. Ward
Attorney
Holland & Knight
Ms. Ward focuses her practice on a broad range of environmental and administrative litigation, regulatory compliance... | Read More
Ms. Ward focuses her practice on a broad range of environmental and administrative litigation, regulatory compliance and enforcement defense across multiple industry sectors, with an emphasis on natural resources, public lands, energy and offshore operations. She has assisted clients with issues under various environmental laws such as the National Environmental Policy Act (NEPA), Clean Water Act (CWA), Endangered Species Act (ESA), Marine Mammal Protection Act (MMPA), Administrative Procedure Act (APA), National Historic Preservation Act (NHPA) and other similar legal frameworks. Ms. Ward also assists clients with the laws and regulations governed by the U.S. Department of the Interior, including the Federal Land Policy and Management Act (FLPMA) and Outer Continental Shelf Lands Act (OCSLA).
CloseEarly Discount (through 07/11/25)