NEPA series

Because new NEPA regulations were published in July 2020 and became effective in September 2020, there are new and more “difficult” questions about understanding and transitioning to these new regulations.  The new changes are covered in detail. 

NEPA is often criticized for costing too much, taking too long, and accomplishing too little.  If you have any role in the NEPA process, you have a stake in the answers discussed in this seminar. 

You’ve been to training on the basics, the fundamentals, the essentials, the step-by-step.  You’ve been to refreshers and updates.  It’s time to take the National Environmental Policy Act to the next level – Advanced NEPA. 

You are encouraged to bring your own questions for discussion and resolution.  This is a seminar format with significant time reserved for discussion rather than lecture.  Handout materials are substantial and based on statutes, regulations, and case law rather than on opinion or past practice. 

Expect a fast-paced day.  During this seminar the questions that do not arise in the basic courses will be asked and answered – questions related to the categorical exclusion, the environmental assessment, the finding of no significant impact, and the environmental impact statement.

** This course is designed to be attended AFTER our 2-day presentation of "NEPA:  the law, logic, and language of the National Environmental Policy Act ".  We recommend registering for that course prior to registering for this seminar. When registering for both courses together, there is a $50 discount. **

"Owen does a great job explaining complex materials in an easily understandable way" Anonymous, August 2015

 "[There was] Enthusiastic discussion between instructor and participants…real examples to compare/discuss/review." B. Campbell, March 2013

"I liked the enthusiasm and extensive knowledge that applied to a wide range of projects." K. Becker, October 2013

CEQ’s regulations implementing NEPA were declared invalid by the D.C. Circuit Court of Appeals because CEQ has never had statutory authority to promulgate regulations.  A recent Executive Order issued on Day One requires CEQ to rescind their NEPA-implementing regulations, and instead to issue guidelines to agencies on implementing NEPA.  These are the largest and most transformative actions to change the NEPA practice since NEPA was enacted over 50 years ago.

 All of this is explained in detail in Basic NEPA.  NEPA practitioners will learn about these changes and will get tools to effectively deal with them.  If you have attended Basic NEPA before, it’s now time for an update. 

 Basic NEPA training materials are grounded on the NEPA statute and the Administrative Procedure Act, which have not changed, plus NEPA case law – which also has not changed.  For any Federal proposal for action, either we will write a “detailed statement” as required by NEPA, or we will write reasons not to.  All possible reasons not to are detailed.  Alternatives in a “detailed statement” are still governed by the statement of need for action.  A model for how to write that need statement is detailed.  A cumulative impacts analysis is still necessary because of the Administrative Procedure Act.  A model for how to conduct that analysis is detailed. 

 A substantial handout with graphic models, updated case lists that support the models, and sample documents is included in this course.  All training materials are based on statutes and NEPA case law, fully applicable even without CEQ’s regulations.  Attendees may wish to keep the course material as a reference in the workplace. 

 DID YOU KNOW -- NEPA is the most litigated environmental statute in the United States, according to the CEQ.  Prepare to defend your agency decisions with defensible NEPA documents, according to the NEPA models in this course.  Future-proof your NEPA practice by staying on top of recent changes. 

 ** For an advanced, seminar-style discussion of NEPA issues, attend our one-day Advanced NEPA Workshop, immediately following this course. Completion of this course is excellent preparation for getting the most out of our Advanced NEPA** course.  There is a $50 discount when purchasing the 2 courses together.

This workshop is designed to serve both as a comprehensive introduction for those new to NEPA and a refresher for more experienced professionals. The course is beneficial for federal agency staff and decision-makers, attorneys, consultants, as well as members of environmental organizations, and interested citizens who are concerned about the environmental effects of federal actions. Those who have taken this course in years past will benefit from updated materials based on the newest judicial opinions. Even those who have worked with NEPA their entire careers will stand to learn more about the secrets to successful NEPA compliance.