BarbriSFCourseDetails

Course Details

This CLE webinar will examine the recent Supreme Court decision in Seven County Infrastructure Coalition v. Eagle County, in which the Court clarified the threshold for meeting NEPA requirements, emphasizing the scope of review and standard for agency deference.

Faculty

Description

The decision is expected to have a wide-ranging effect on infrastructure, energy, and property projects, resetting regulatory review expectations and impacting oversight processes, permitting timelines, and client risk assessments.

The Court held that NEPA does not require "upstream" or "downstream" review of project environmental impacts and reiterated the Court's position giving "substantial deference" to agency conclusions. Experts expect future reviewing courts to consider an agency’s EIS analysis within "a broad zone of reasonableness," considering only the "project at hand" without factoring projects or actions "separate in time or place."

Listen as the expert panel reviews Seven County and related precedents from Loper Bright, Chevron, Public Citizen, and more covering the takeaways and practice implications for clients and future projects.

Outline

I. Introduction

A. Case snapshot and holding

II. NEPA and precedent

A. NEPA basics

B. Prior case law: Kleppe and Public Citizen

C. Loper Bright and Chevron: putting deference in context

III. Case analysis: Seven County

A. Factual background

B. Legal issues: up/downstream impacts, separation in time/space

C. SCOTUS majority/dissenting opinions

IV. Practical implications

A. Advising clients: reduced scope of review, risk mitigation strategy 

B. Strategic considerations for litigators: increased difficulty, shifting focus to agency discretion?  

C. Local government and environmental NGO perspective: new limitations, other avenues (CWA, ESA)?

V. Industry-specific concerns

VI. Ethical considerations

VII. Future of environmental review

A. Federal and state legislative responses 

B. State-level environmental review considerations


Benefits

The panel will review these and other important considerations:

  • Understand how Seven County could affect regulatory review and oversight processes and shorten permitting timelines
  • Gain insight into changes in project risks and how to reframe the scope of EIS work
  • Learn how best to collaborate with regulatory agencies going forward
  • Hear what adjusted "permitting strategies" will withstand future judicial scrutiny