Webinars

Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act

March 3, 2020

Speakers
Ted Boling,Associate Director for NEPA, Council on Environmental Quality
Sharon Buccino, Senior Director, Lands, Nature Program
Nick Goldstein, Assistant General Counsel, American Road and Transportation Builders Association (ARTBA)

Moderator
Chuck Nicholson, Senior Environmental Scientist/Planner


On January 9, 2020, the Council on Environmental Quality (CEQ) announced a notice of proposed rulemaking titled “Update to the Regulations Implementing the Procedural Provisions of the National Environmental Policy Act.” For the first time since CEQ promulgated its regulations over 40 years ago, CEQ is proposing to comprehensively update its National Environmental Policy Act (NEPA) regulations.CEQ proposes to modernize and clarify the CEQ regulations to facilitate more efficient, effective, and timely NEPA reviews by simplifying and clarifying regulatory requirements, incorporating key elements of the One Federal Decision policy, codifying certain case law and CEQ guidance, updating the regulations to reflect current technologies and agency practices, eliminating obsolete provisions, and improving the format and readability of the regulations. The proposed rule seeks to reduce unnecessary paperwork and delays and to promote better decision-making consistent with NEPA’s statutory requirements. 

Password: MarchNAEP

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Improving the NEPA Process through Project Management Best Practices

November 1, 2018

Speakers
Laura J. Thorne, BS
Kaitlin McCormick, MBA

Moderator
Shannon Stewart
, NAEP Board Members & Education Committee Chair, Los Angeles, CA


The National Environmental Policy Act (NEPA) is arguably one of the most important and broad-reaching Federal policies and there is a lot of pressure on practitioners to get it right. The issues that arise in complying with the NEPA regulations are many and may vary based on the size, scope, and location of a project. This training focuses on the benefits of applying traditional project management fundamentals to reduce or eliminate problems and increase efficiency in carrying out the NEPA process. By the end of this training, you should be able to identify areas of opportunities to utilize project management best practices and make a plan to implement those improvements. 


Password: NAEPNovember

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Tribal Consultation and Engagement in the Era of Streamlining

October 3, 2018

Speakers
Earl Evans, Gray & Pape, enrolled citizen of the Haliwa-Saponi Indian Tribe
Lee Johnson, Superior National Forest Heritage Program Manager
Carolyn Stewart, NextEra Energy
Jenny Bring, 106 Group

Moderator
W. Kevin Pape, President, Gray & Pape Heritage Management


With increased pressure to streamline the NEPA process, and subsequently compliance with other federal laws such as Section 106 of the National Historic Preservation Act (NHPA), tribal consultation and engagement has become a key topic in this national conversation. As part of this webinar, panelists will share their perspectives on tribal consultation and engagement in this changing policy environment. Speakers will discuss the requirements of tribal consultation under Section 106 and NEPA and best practices for tribal engagement. Tips and tools will be shared with participants regarding how to effectively facilitate tribal consultation and engagement and how it can help further the goals of streamlining. Please join us for this important topic!

Speakers:

  • Earl Evans, Gray & Pape, enrolled citizen of the Haliwa-Saponi Indian Tribe
  • Agency Representative - TBD
  • Carolyn Stewart, NextEra Energy
  • Jenny Bring, 106 Group

Password: NAEPOctober

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Staying Connected During Crisis: Public, Employees, and Customers

May 7, 2020

Speakers
Theresa McClure
Laura Thorne

Moderator
David Mattern


Law, regulation, and agency guidance on environmental reviews under the National Environmental Policy Act (NEPA) require public participation, as do many related environmental regulations. We also accept public engagement in general as a matter of good governance so as to include our citizenry in decisions affecting their lives and communities. At its core, public engagement in environmental reviews rests on some of our country’s most deeply held values of free speech and liberty. 

Today environmental professionals find themselves grappling with how to comply with the conflict between requirements for public meetings and health-related orders barring assembly. Arrangements for community gatherings made only a few months ago have been postponed or canceled. Planning for future outreach is uncertain. Further, while there has been a huge shift to online meetings, a continuing “digital divide” leaves many people unable to join electronic forums. 

While staying engaged with the public is important during this time, agencies and companies must also make an equal effort to stay connected with their customers and employees. Social media aside, how do you not only shift the delivery of services where needed but also ensure that the efforts are meaningful and meet the changing needs of the customer?

Questions addressed during the webinar:
  1. How are agencies adapting to current restrictions on public interactions and what can we do to keep current and pending projects on track?
  2. What can or should we do to provide meaningful and productive public engagement with future environmental reviews?
  3. What are companies/agencies doing to change the way they connect with employees and customers?
  4. How to leverage unique opportunities in such a challenging time to go above and beyond for your customers?

View the recording! Please note that you will be required to input your first/last name and email address to access the recording.

 

Supreme Court Clean Water Act Decision April 23, 2020: What Does it Mean for Future Groundwater Permitting?

June 10, 2020

Speakers
Margaret Fawal
Katherine Sochacki
Nicolas Frederick

Moderator
Fred R. Wagner


On April 23, 2020, the U.S. Supreme Court issued a decision in the County of Maui v. Hawaii Wildlife Fund, a much-watched case out of the Ninth Circuit involving the scope of the Clean Water Act’s Section 402 permitting requirements for point source discharges. In the case, the Supreme Court determined whether a Section 402 permit is required when pollutants originate from a point source but are conveyed to navigable waters via groundwater (this has also been referred to as the “conduit theory”). The Court found that the CWA can apply to the pollution that travels through groundwater. However, the Court significantly narrowed the standard that the Ninth Circuit used when it upheld the conduit theory. The Supreme Court ultimately designed its own test, concluding that the CWA requires a permit if "the addition of the pollutants through groundwater is the functional equivalent of direct discharge from the point source into navigable waters." While the Court identified a number of factors that may be relevant to determining what is the “functional equivalent of a direct discharge,” including both time and distance, it acknowledged that the application of this new standard will be left to the lower courts and regulators on a case-by-case basis.

Long story short, as the Court acknowledged in its opinion (and as criticized in the dissents written by Justice Thomas (and joined by Justice Gorsuch) and by Justice Alito), what constitutes a “functional equivalent of a direct discharge” will have to be determined on a case-by-case basis. While the Court provided some guidance in terms of what factors may be relevant, it will be up to the lower courts and regulators, including EPA, to make these determinations.

View the presentation materials from our speakers below

Margaret Fawal & Katherine Sochacki Presentation
Nicolas Frederick Presentation

Password: NAEPJune10

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