Navigating the NEPA Review Process and Lessons Learned From Recent Litigation

Best Practices for Counsel to Meet NEPA Requirements and Expedite Federal Agency Reviews

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


Conducted on Wednesday, May 10, 2017
Recorded event now available


This CLE webinar will provide guidance to environmental counsel on recent developments involving the National Environmental Policy Act (NEPA), best practices for guiding clients through the NEPA review process, lessons learned from recent NEPA litigation, and the expected impact to NEPA reviews under the new Administration.

Description

Projects built or funded by federal agencies such as major infrastructure projects, or other projects requiring federal agency permits such as wetlands dredge and fill permits, trigger environmental review under NEPA and may require preparation of an environmental impact statement (EIS).

In recent years, Congress and the Executive Branch have increasingly focused on reforming and improving the NEPA process to achieve more expedient yet environmentally-informed and transparent decision-making. In particular, the FAST Act legislatively established new obligations for federal agencies subject to NEPA compliance when processing certain permits, licenses, renewals, amendments and other federal approvals.

Listen as our authoritative panel of environmental attorneys provides guidance to counsel on navigating the NEPA review process, discusses lessons learned from recent NEPA litigation, and previews the expected impact to NEPA under the new Administration and Congress. Our experienced panel will provide insights on hot topics under NEPA over the last year, including consideration of climate change and implementation of the Fast Act.

Outline

  1. Review of recent NEPA reform efforts, including the FAST Act
  2. Best practices for navigating the NEPA review process
  3. Lessons from recent NEPA litigation
  4. A look into the potential impact of the new Administration and Congress on NEPA

Benefits

The panel will review these and other key issues:

  • How have the FAST Act and other recent streamlining efforts, including the current President’s Executive Orders, impacted the environmental review process and project permitting?
  • What are the key lessons from NEPA litigation trends in 2016?
  • How have the current President’s Executive Orders impacted the NEPA review process to date?
  • What is NEPA assignment, and what are its implications?
  • What is the current status of climate change impacts analysis in NEPA reviews?

Faculty

Matthew Adams, Partner
Dentons, San Francisco

Mr. Adams serves as Chair of the Firm's US Environment and Natural Resources practice. He helps clients address environmental, land use, water, and climate change issues related to energy, infrastructure, and natural resource development projects. He advises on permitting, compliance, regulatory development, and litigation with a particular focus on matters arising under NEPA, NHPA, CEQA, and other environmental impact assessment laws.

James M. Auslander, Principal
Beveridge & Diamond, Washington, D.C.

Mr. Auslander’s legal practice focuses on environmental, natural resources, and administrative law and litigation. He represents numerous major and small businesses, trade associations, and state agencies in a wide range of regulatory and litigation matters, both national and local in scope. He devotes a significant part of his practice to counseling and litigation under NEPA and similar state laws.His practice also addresses complex legal issues surrounding development of oil and gas, hardrock minerals, other natural resources, and renewable energy on public lands onshore and on the OCS. He assists multinational corporations, domestic companies, and leading industry trade associations in protecting valuable lease rights and navigating the ever-changing environmentalrequirements to develop those leases.

Evan J. Preminger, Esq.
Greenberg Traurig, New York

Mr. Preminger focuses his practice on environmental and government relations matters. He has experience in litigation arising under the Clean Water Act, the NEPA, the New York State Environmental Quality Review Act (SEQRA), and the Comprehensive Environmental Response, Compensation and Liability Act (Superfund). He also advises clients concerning environmental liability risk and due diligence, permitting, Brownfield redevelopment, and environmental impact review. In addition to environmental matters, he has experience in litigation under both state and federal election and campaign finance laws. 


Recordings

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Monsanto Company

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Environmental Law Advisory Board

John J. Allen

Partner

Allen Matkins

Albert M. Cohen

Partner

Loeb & Loeb

Aaron Courtney

Partner

Stoel Rives

Andrew N. Davis

Partner

Shipman & Goodwin

David R. Gillay

Partner

Barnes & Thornburg

Brian D. Israel

Partner

Arnold & Porter Kaye Scholer

Thomas J. P. McHenry

Partner

Gibson Dunn & Crutcher

James B. Slaughter

Principal

Beveridge & Diamond

Jeffrey A. Smith

Senior Counsel

Sidley Austin

E. Gail Suchman

Special Counsel

Stroock & Stroock & Lavan

Gregory D. Trimarche

Senior Counsel

Ring Bender

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