Environmental Impact Assessment: NEPA and Related Requirements
Why Attend?
BACKGROUND
Congress passed the National Environmental Policy Act (NEPA) in 1969 to create a national environmental policy, to establish the Council on Environmental Quality (CEQ), and to require federal agencies to consider the environmental impacts of their actions and to prepare and promulgate environmental impact statements (EISs) for major federal actions significantly affecting the quality of the human environment.
Almost immediately, NEPA had a considerable effect on federal decision-making and environmental litigation. It still does, as demonstrated by a steady docket of litigation and continued interest in the law by Congress.
NEPA also spurred many states, some municipalities, and tribal governments to enact analogs (“Little NEPAs”). Outside the U.S., nearly 100 countries have enacted statutes modeled after NEPA, and environmental impact assessment now is required by many multilateral organizations prior to decision-making.
NEPA and “Little NEPA” requirements led to the development of a professional field of environmental impact assessment. Federal, state, and municipal agency officials, together with outside attorneys and environmental consulting firms, constitute a large industry of attorneys, planners, scientists, and other experts of many disciplines.
WHY ATTEND
NEPA is relevant to a broad range of issues. It is being used to identify how proposed federal actions may affect – or be affected by – climate change with both the federal government and states giving increasing attention to this issue in the context of environmental impact assessment law. In regards to this issue and other challenges, practitioners are watching for new direction from the Obama Administration. By the time this program is presented, we anticipate that the Council on Environmental Quality may have issued new guidance on NEPA and climate change.
What You Will Learn
This annual advanced course of study covers the present state of the law and practice pertaining to NEPA, “Little NEPAs,” and the EIS process, and includes reflections on the future. The faculty includes some of the most experienced federal and state government agency officials and attorneys, as well as private attorneys engaged in environmental assessments, EIS preparation, and NEPA-related litigation in federal and state courts.
Topics include:
Climate change and the EIS
The role of federal agencies in the NEPA process
NEPA litigation
Categorical exclusions
Cumulative and synergistic impacts
Current developments in the executive and legislative branches
Who Should Attend
The course serves the needs of attorneys in the private sector, government agency and corporate personnel, environmental consultants, and others engaged in the NEPA and “Little NEPA” process.
Planning Chairs
Dinah Bear, Washington, D.C.; former General Counsel, Council on Environmental Quality (also on faculty)
William M. Cohen, Of Counsel, Perkins Coie LLP, Washington, D.C.; Adjunct Professor, Washington College of Law, American University; Retired Chief, General Litigation Section, Environment and Natural Resources Division, U.S. Department of Justice (also on faculty)
David Paget, Sive, Paget & Riesel, P.C., New York
Faculty
Stanley H. Abramson, Arent Fox LLP, Washington, D.C.
Edward A. Boling, Senior Counsel for Environmental Policy and Public Information, Council on Environmental Quality, Washington, D.C.
Carol M. Borgstrom, Director, Office of NEPA Policy and Compliance, Office of General Counsel, U.S. Department of Energy, Washington, D.C.
Mark A. Chertok, Sive, Paget & Riesel, P.C., New York
Robert G. Dreher, Vice President for Conservation Law and General Counsel, Defenders of Wildlife, Washington, D.C.
Eric R. Glitzenstein, Meyer Glitzenstein & Crystal, Washington, D.C.
Gary Guzy, General Counsel, Council on Environmental Quality,
K. Jack Haugrud, Chief, Natural Resources Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Edward V.A. Kussy, Nossaman LLP, Washington, D.C.
Gary B. Randall, Deputy Chief, General Litigation Section, Environment and Natural Resources Division, U.S. Department of Justice, Washington, D.C.
Michael D. Smith, Ph.D., Senior Manager, ICF International, Fairfax, Virginia
Patricia Weiss, Attorney-Advisor, Professional Responsibility Advisory Office, U.S. Department of Justice, Washington, D.C.
Nicholas C. Yost, Sonnenschein Nath & Rosenthal LLP, San Francisco
ALI-ABA Staff Attorney: Amy S. Weinberg, Office of Courses of Study
Program Schedule
WEDNESDAY, DECEMBER 9, 2009
8:00 a.m. Registration and Networking Session
WEBCAST SEGMENT A
9:00 a.m. Introductory Remarks and Course Overview
9:15 a.m. History and Purpose of NEPA, Including Roles of CEQ & EPA - Ms. Bear
10:30 a.m. Networking Break
10:45 a.m. Current and Future NEPA Developments - Mr. Guzy
11:45 a.m. When Is an Action “Federal”? - Messrs. Chertok and Dreher
12:45 p.m. Lunch Break
WEBCAST SEGMENT B
2:00 p.m. Who Defines the “Purpose and Need” for the Proposed Action; How Are “Reasonable Alternatives” Developed? - Messrs. Boling and Chertok
3:00 p.m. Environmental Effects: Primary, Secondary, Indirect - Messrs. Boling and Dreher
4:00 p.m. Networking Break
4:15 p.m. Emerging Issues for "Little NEPAs" in States, Cities, and Tribal Governments - Mr. Chertok and Mr. Yost
5:30 p.m. Adjournment for the Day
THURSDAY, DECEMBER 10, 2009
8:30 a.m. Networking Session
WEBCAST SEGMENT C
9:00 a.m. NEPA and the Judicial System - Mr. Cohen
10:00 a.m. Networking Break
10:15 a.m. NEPA Litigation Issues - Mr. Cohen, moderator; Messrs. Chertok, Glitzenstein, and Randall
11:45 a.m. Lunch Break
1:15 p.m. NEPA Litigation Issues (continued)
WEBCAST SEGMENT D
2:15 p.m. Considering Cumulative and Synergistic Impacts - Ms. Bear and Dr. Smith
3:15 p.m. Networking Break
3:30 p.m. New Areas of Science and Technology, Including Climate Change and Energy - Mr. Cohen, moderator; Mr. Abramson and Ms. Borgstrom
5:00 p.m. Questions and Answers
5:30 p.m. Adjournment for the Day
FRIDAY, DECEMBER 11, 2009
8:30 a.m. Networking Session
WEBCAST SEGMENT E
9:00 a.m. Current Issues Concerning Environmental Assessments and Categorical Exclusions - Messrs. Boling and Haugrud
10:00 a.m. Networking Break
10:15 a.m. Anticipated Reforms and Actual Experiences, Including the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Monitoring, and Mitigation - Messrs. Boling and Kussy
11:15 a.m. Ethics and Professional Responsibility - Mr. Kussy and Ms. Weiss
12:15 p.m. Questions and Answers
12:30 p.m. Adjournment
Total 60-minute hours of instruction: 16.5, including one hour of ethics (as approved in most, but not all, jurisdictions)
Suggested Prerequisite: Limited experience in legal or business practice in subject matter or completion of Basic CLE Course in subject matter
Educational Objective: Acquisition of knowledge and skills to develop proficiency as a practitioner; maintenance of professional competence as a practitioner; provision of information on recent legal developments
Level of Instruction: Advanced
Here's what registrants have said about this course:
“An excellent course, especially for government agency attorneys.” - Michael B. Law, U.S. Marine Corps Office of Counsel, Quantico, VA
“My practice is mostly on my state’s mini-NEPA. I had no background in the federal NEPA and needed to learn it as my agency is becoming increasingly involved in energy projects that implicate NEPA. The course met my objective in getting a quick study on the subject. I also loved the opportunity to network with federal officials and colleagues from other states. And I liked having controversial topics in the mix of discussion.” - Lawrence Weintraub, New York State Department of Environmental Conservation, Albany, NY
“NEPA courses are often cut and dried at best, a sleep aid at worst. This course was exceptional in keeping it on point, informative, and dynamic. Exchanges with Lawrence and Randall were outstanding.”
“All except the Ethics piece were directly relevant and useful to me as a non-attorney, technical environmental review practitioner. Thanks! (And even that was useful in giving me more sympathy for my attorney colleagues.)”
“The course was very informative and it was amazing to be taught by the leaders in government and the private sectors. All speakers were very knowledgeable and also very willing to speak informally with participants. The good networking opportunities were a nice added bonus.”
