The U.S. Council on Environmental Quality recently released final changes to the implementing regulations for the National Environmental Policy Act (NEPA). They are the most substantial revisions to the procedural provisions of NEPA in more than 40 years and will have a significant impact on A/E firms performing environmental reviews and the clients they serve.
On Wednesday, September 30 at 1:30 p.m. EDT a panel of expert environmental attorneys will outline the changes and review the most noteworthy and controversial provisions. Some of the updates will influence how firms prepare and produce environmental documents and their associated technical studies. Others may present project development risks and potential litigation. Topics will include modifications to NEPA thresholds and applicability, timelines and page limits, notice of intent and consideration of alternatives, use of existing analyses and data, and the revised definition of “effects.”
The rule is scheduled to go into effect on September 14, and federal agencies have one year to update their own specific procedures to align with the new requirements. Proponents tout the expected benefits of clarifying and simplifying regulatory requirements and facilitating more timely reviews. Opponents of the rule have threatened litigation to challenge its procedural and substantive validity.
Participants in this program will:
- Understand the regulatory process and related Administration actions that led to the final NEPA rule;
- Review the practical implications for environmental practitioners;
- Consider the impact of the more significant and substantial revisions causing controversy;
- Recognize the benefits and risks of the new rule for project sponsors and clients;
- Identify and assess potential outcomes of likely court challenges.
Presenter: Fred Wagner, Thomas Lingan, Tyler Welti, and Chelsea O’Sullivan, Venable