NEPA Mitigation: New Guidance From Council on Environmental Quality

Preparing for Heightened Mitigation and Monitoring Accountability and Agency Oversight

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

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Conducted on Tuesday, April 5, 2011

Recorded event now available

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Course Materials

This CLE course will prepare counsel to companies involved in the NEPA approval process with best practices for operating under the new NEPA guidance from the Counsel on Environmental Quality.


The Council on Environmental Quality issued new guidance on the use of mitigation under the National Environmental Policy Act (NEPA). The CEQ mitigation guidance is intended to "modernize, reinvigorate, and facilitate and increase the transparency of NEPA implementation."

Mitigation plans may be included to reduce the potential environmental impact to a level below “significant”to avoid the need for an Environmental Impact Statement (EIS). However, those plans are often not carried out, and the guidance addresses commitments to and monitoring of mitigation plans.

Counsel to companies involved in the NEPA approval process must understand how the federal agencies will now seek to ensure mitigation plans are carried out under NEPA.

Listen as our authoritative panel of environmental attorneys explains the new NEPA mitigation and monitoring guidance, reviews its likely impact, and offers strategies for operating under the new guidance.



  1. Mitigation and monitoring guidance
    1. CEQ guidance
    2. Key federal agency guidance/regulations on mitigation
    3. Likely impact of the guidance
  2. Best practices for working under the new guidance


The panel will review these and other key questions:

  • What does the new guidance recommend for the implementation of mitigation commitments?
  • What does the new guidance recommend for the monitoring of mitigation implementation and disclosure of mitigation commitments?
  • What steps should companies and counsel take to comply with the new guidance?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


Nicholas C. Yost
Nicholas C. Yost

SNR Denton

He focuses on counseling, document review, administrative proceedings and litigation under the National Environmental...  |  Read More

George J. Mannina, Jr.
George J. Mannina, Jr.


He has more than three decades experience with environmental litigation and government relations. With an intimate...  |  Read More

Stephen L. Leathery
Stephen L. Leathery
National NEPA Coordinator
US Department of Commerce National Marine Fisheries Service

He deals with NEPA and environmental compliance issues, including working with the fishery management councils and the...  |  Read More

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