New NEPA Phase 2 Final Rule: EA/EIS Streamlining, Categorical Exclusions, Climate Change Impact, Global Focus, and More
Expansive Agency Review Process; Impact on Federal Project Planning and Permitting
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will guide practitioners through the Council on Environmental Quality's (CEQ) National Environmental Policy Act (NEPA) Phase 2 final rule. The panel will discuss the final rule's requirements and examine how the rule streamlines the NEPA review process in some ways while expanding the scope of the process in others. The panel will discuss the final rule's impact on federal project planning and permitting and offer best practices for compliance.
Outline
- Introduction:
- NEPA basics and history of the final rule
- NEPA Phase 2 final rule
- Streamlining the NEPA review process
- Definition of “major federal action”
- EAs and EISs
- Categorical exclusions
- Programmatic review and tiering
- Procedural changes
- Adoption of other reviews
- Dispute resolution and referral to CEQ
- Substantive changes to the NEPA review process
- Climate change
- Environmental justice
- Significant effects: global, national, regional, and local context
- Increased public engagement
- Other changes
- Streamlining the NEPA review process
- Compliance timeline
- Best practices for compliance
Benefits
The panel will review these and other important considerations:
- How does the final rule differ from the proposed rule?
- How does the final rule streamline the NEPA review process?
- How does the final rule increase the scope and complexity of NEPA reviews?
- What are best practices for navigating the final rule's requirements?
Faculty
Kerry L. McGrath
Partner
Hunton Andrews Kurth
Ms. McGrath has 15 years of wide-ranging experience handling novel and complex energy, environmental, and... | Read More
Ms. McGrath has 15 years of wide-ranging experience handling novel and complex energy, environmental, and administrative law issues. She regularly assists applicants in obtaining and defending federal permits and navigating environmental reviews for complicated energy and development projects. Ms. McGrath has extensive experience with matters related to the National Environmental Policy Act, Clean Water Act, Endangered Species Act, and other environmental statutes. She often serves as a speaker and panelist at legal and industry conferences and seminars around the country and is a frequent author on environmental, natural resources, environmental justice, and regulatory issues
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Rafe Petersen
Partner
Holland & Knight
Mr. Petersen's environmental practice includes environmental compliance, enforcement and litigation, with an... | Read More
Mr. Petersen's environmental practice includes environmental compliance, enforcement and litigation, with an emphasis on water and natural resource issues under the National Environmental Policy Act, the Clean Water Act, the Endangered Species Act, the Marine Mammal Protection Act, the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act. He assists clients in complex permitting and regulatory issues related to energy development, commercial and residential projects, mining and infrastructure. He is experienced in environmental litigation at both trial and appellate levels and defends clients in enforcement actions in administrative and federal courts. In addition, Mr. Petersen also assists clients in responding to rulemaking efforts by federal agencies and in litigating agency actions under the Administrative Procedure Act. He is co-author of the ABA's Endangered Species Deskbook (2nd Edition 2010).
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