New NEPA Amendments and CEQ Phase 2 Proposed Rule: Impacts on Federal Project Planning
Procedural Changes; Revised Definitions; Heightened Government Scrutiny
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will provide a detailed discussion of the recent NEPA amendments under the Fiscal Responsibility Act of 2023 and the Council on Environmental Quality's (CEQ) Phase 2 proposed rule. The panel will discuss how the amendments attempt to streamline the NEPA review process and how the proposed rule will advance the current administration's environmental goals. The panel will also provide best practices for compliance for counsel and their clients who have ongoing projects subject to NEPA review.
Outline
- Introduction
- NEPA amendments
- CEQ Phase 2 proposed rule
- Effects on project planning
- Best practices for compliance
Benefits
The panel will review these and other key considerations:
- What effect do the NEPA amendments have on the NEPA review process?
- Will the NEPA amendments actually streamline the review process?
- What effect could CEQ's Phase 2 proposed rule have on current and future projects subject to NEPA review?
- How may the proposed rule undermine the streamlining of the NEPA review process that the statutory amendments seek to achieve?
Faculty
Alexander M. Arensberg
Partner
Squire Patton Boggs
Mr. Arensberg advises clients on complex litigation and regulatory compliance issues before federal and state agencies.... | Read More
Mr. Arensberg advises clients on complex litigation and regulatory compliance issues before federal and state agencies. His practice focuses on public lands and natural resource law, renewable energy development, and environmental compliance. He also has extensive experience litigating challenges to administrative decision-making, drafting appellate briefs in both federal and state courts, advising on large-scale infrastructure development projects, and conducting internal investigations and compliance reviews in response to government enforcement actions. Mr. Arensberg advises clients on permitting and regulatory compliance issues arising under a broad array of federal and state environmental laws, including the NEPA, Clean Water Act, Federal Land Policy and Management Act, Mining Law of 1872, Mineral Leasing Acts, Oil Pollution Act, CERCLA, Endangered Species Act and National Historic Preservation Act. This work involves close coordination with federal land managers and other permitting agencies, including the Bureau of Land Management, U.S. Forest Service, U.S. Fish and Wildlife Service, U.S. Army Corps of Engineers, the EPA, and various state agencies.
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Tad J. Macfarlan
Partner
K&L Gates
Mr. Macfarlan advises the firm’s energy, industrial, utility and commercial sector clients on compliance with... | Read More
Mr. Macfarlan advises the firm’s energy, industrial, utility and commercial sector clients on compliance with federal, state and local environmental and land use laws. He has extensive experience working with the regulatory regimes governing wastewater and stormwater discharges, wetland and stream protection, air emissions, solid and hazardous waste management, water withdrawals, chemical and toxic substance controls, release reporting and response, and preservation of endangered species, cultural resources and historic properties. Mr. Macfarlan's practice includes project development, transactional, litigation, enforcement defense and regulatory compliance matters.
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