Navigating the NEPA Review Process and Lessons Learned From Recent Litigation

Projects built or funded by federal agencies such as major infrastructure projects, or other projects requiring federal agency permits such as wetlands dredge and fill permits, trigger environmental review under NEPA and may require preparation of an environmental impact statement (EIS).

In recent years, Congress and the Executive Branch have increasingly focused on reforming and improving the NEPA process to achieve more expedient yet environmentally-informed and transparent decision-making. In particular, the FAST Act legislatively established new obligations for federal agencies subject to NEPA compliance when processing certain permits, licenses, renewals, amendments and other federal approvals.

Listen as our authoritative panel of environmental attorneys provides guidance to counsel on navigating the NEPA review process, discusses lessons learned from recent NEPA litigation, and previews the expected impact to NEPA under the new Administration and Congress. Our experienced panel will provide insights on hot topics under NEPA over the last year, including consideration of climate change and implementation of the Fast Act.

1. Review of recent NEPA reform efforts, including the FAST Act
2. Best practices for navigating the NEPA review process
3. Lessons from recent NEPA litigation
4. A look into the potential impact of the new Administration and Congress on NEPA

The panel will review these and other key issues:

• How have the FAST Act and other recent streamlining efforts, including the current President’s Executive Orders, impacted the environmental review process and project permitting?
• What are the key lessons from NEPA litigation trends in 2016?
• How have the current President’s Executive Orders impacted the NEPA review process to date?
• What is NEPA assignment, and what are its implications?
• What is the current status of climate change impacts analysis in NEPA reviews?