Expediting Environmental Reviews of Infrastructure Under New Executive Order and Revised NEPA Regulations
Meeting Imminent Risk Requirements and Potential Legal Challenges
Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Environmental
- event Date
Wednesday, September 23, 2020
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
This CLE course will examine recent federal efforts to streamline environmental reviews and permitting of infrastructure projects. The panel will address streamlining mechanisms under recent Executive Orders and the revised regulations implementing National Environmental Policy Act (NEPA) issued by the Council on Environmental Quality on July 16, 2020.
Mr. Ashe is an attorney in Holland & Knight's San Francisco office and a member of the firm's West Coast Land Use and Environmental Group. His practice focuses on energy regulatory, environmental and land use law, with a particular emphasis on the permitting, development and disposition of traditional and renewable energy projects.
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).
The environmental review and permitting processes for infrastructure projects that require Federal approvals or funding can be expensive, time-consuming, and take years of planning and construction. The Trump Administration has taken recent efforts to improve the efficiency of these processes and minimize delays in project development, such as promulgating revised regulations implementing the NEPA, and Executive Orders to streamline federal permitting processes under the Endangered Species Act (ESA), and Clean Water Act (CWA). However, agencies and project proponents should be aware that taking advantage of such new streamlining mechanisms and revised NEPA regulations is not without risk.
Listen as our authoritative panel guides counsel through recent Federal efforts to streamline the environmental review and permitting of infrastructure projects, and the associated advantages and disadvantages.
- Recent federal efforts to streamline the permitting and environmental review of infrastructure projects
- Executive orders expediting infrastructure reviews
- Revised regulations implementing NEPA
- Best practices to mitigate risk
- Advantages and disadvantages of utilizing process
The panel will review these and other noteworthy topics:
- What are the processes mandated in the June 4, 2020, Executive Order?
- What are the noteworthy revisions to the regulations implementing NEPA, issued on July 16, 2020?
- How are environmental reviews for infrastructure projects being handled under this expedited process?
- What are the advantages and disadvantages of using an expedited process?
- How can projects using the expedited process mitigate the risk of future litigation due to potential noncompliance with permitting requirements?
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