NEPA and Mitigating Risks: Assessing When Uncertainty Requires an Environmental Impact Statement
Implications of American Wild Horse Campaign v. Bernhardt, Uncertain vs. Controversial Effects, Unique Characteristics
A live 90-minute CLE video webinar with interactive Q&A
This CLE webinar will discuss the Ninth Circuit's decision in American Wild Horse Campaign v. Bernhardt that addressed when an environmental impact statement (EIS) is required when the environmental impacts are uncertain. The panel will address what types of claims are most likely to be successful when arguing such cases and mitigate risk in cases when disputing violations of the National Environmental Policy Act (NEPA).
- National Environmental Protection Act
- Environmental impact statements
- American Wild Horse Campaign v. Bernhardt
- Highly uncertain effects
- Highly controversial effects
- Unique characteristics
- Precedent for future actions with significant effects
- Response to comments
- Specific act requirements
The panel will review these and other key issues:
- What is the history of American Wild Horse Campaign v. Bernhardt, and how does it impact the requirements of complying with EIS?
- What are the other key lessons from NEPA litigation trends in 2020?
- How does a court determine highly uncertain effects vs. highly controversial effects?
- What unique characteristics should agencies consider when examining proximity to cultural resources?
- What response to agency comments is required to comply with NEPA?
Jill E.C. Yung
Ms. Yung represents utility-scale solar developers, brownfields developers, hazardous waste handlers, recycling... | Read More
Ms. Yung represents utility-scale solar developers, brownfields developers, hazardous waste handlers, recycling facilities, and manufacturers in a variety of industries on a wide range of complex counseling, compliance, and litigation matters involving environmental, renewable energy, and natural resource issues. In particular, she provides counsel on regulatory compliance issues under various federal and state statutes including, but not limited to, CERCLA, RCRA, FIFRA, CWA, ESA, NHPA, NEPA and CEQA.Close
to be announced.
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