The Migratory Bird Treaty Act: Permitting and Perspectives
July 13, 2022 12:00 PM (PT) | 3:00 PM (ET)
Speakers
Noah Matson, Deputy Assistant Director, USFWS. Nick Morgan, Director for Mitigation Solutions, The Conservation Fund Eric Johnson, Sr. Environmental Consultant for Evergy, Avian Power Line Interaction Committee
Moderator
Mike Mayer, NAEP Vice President and Biological Resources Working Group Lead, HDR
About
The Migratory Bird Treaty Act was enacted in 1918, and passed to implement a 1916 convention with Great Britain, as the governing body of Canada. Codified at 16 USC §§ 703 – 712, the law prohibits the take of most migratory bird species that occur in the U.S. Take is defined by regulation to mean “pursue, hunt, shoot, wound, kill, trap, capture, or collect, or attempt to pursue, hunt, shoot, wound, kill, trap, capture, or collect.” Since its passage, the law has also been used to implement subsequent conventions with Mexico, Japan, and Russia. At the time of passage, the law was intended to protect migratory birds from overharvesting and the commercial wildlife market. However, a chilling study released in 2019 indicated a projected net loss of 3 billion birds in North America—approximately 29% of the 1970 abundance—suggests additional conservation is needed (Rosenberg et al. 2019).
There has been a long-standing debate on whether the law protects migratory birds from incidental take. For decades, the United States Fish and Wildlife Service used prosecutorial discretion to enforce the law in its application to incidental take. However, in 2015, the 5th Circuit Court of Appeals in U.S. v Citgo Petroleum held that the MBTA only applied to the direct take of birds. In January of 2017, prior to the end of the Obama Administration, the Department of the Interior issued a memorandum reaffirming its position that the MBTA prohibited incidental take. Later that year, the Trump Administration’s Department of the Interior issued a subsequent memorandum reversing the previous administration’s interpretation and stating that the MBTA only applied to direct take. In 2020, this memo and interpretation of the law were challenged in the Southern District of New York in Natural Resources Defense Council Inc., v. United States Department of the Interior. The court rejected the interpretation and rationale of the second memorandum. However, the Trump Administration then proposed and finalized regulations in January 2021 codifying that the MBTA did not apply to incidental take. Under the new Biden Administration, the USFWS revoked the January rule on October 4, 2021, and initiated a process to codify their interpretation that the MBTA prohibits incidental take and develop an incidental take permitting process.
This webinar will provide an update on the USFWS process and perspective from the Avian Power Line Interaction Committee and the Conservation Fund.
In this webinar our panelists will focus on:
An update on the USFWS MBTA Incidental Take Rulemaking and NEPA Processes
Perspectives from an Industry Organization and Conservation NGO
The PFAS Emergence: Is it Summer Yet? A Mid-2022 Update on PFAS Policy, Risk, and Treatment
June 23, 2022 12:00 PM (PT) | 3:00 PM (ET)
Speakers
Ned Witte, Attorney, Godfrey & Kahn, S.C. Jay Peters, Risk Assessment Practice Leader, Haley & Aldrich Scott Grieco, Ph.D., PE, Global Technology Leader, Jacobs
Moderator
Dennis Peters, Registered Environmental Manager REM, Haley & Aldrich
About
PFAS (per- and poly-fluoroalkyl substances) are a family of man-made chemicals consisting of thousands of distinct chemical structures that have been manufactured and used in a wide variety of industrial processes and consumer products for the past 80 years. Their extensive use as a key manufacturing component is due to their desirable contribution(s) to the physical properties of these products, but after nearly a century of use has resulted in a ubiquitous presence in both urban/industrial and undeveloped/natural environments. Over the past decade or more, concern pertaining to PFAS’ potential adverse health and environmental effects has been steadily increasing. PFAS resistance to natural degradation processes, our incomplete understanding of their toxic effect on human health and the environment, and the limited number of cost-effective alternatives to remove them from contact with potential human and ecological receptors, has understandably generated a flurry of scientific research and development of engineering and social solutions to mitigate these growing concerns.
The scale and complexity of challenges associated with PFAS are such that a diverse range of environmental professionals will be faced with addressing PFAS-related issues over the coming decade. As with other emerging contaminants, the initial focus has been on establishing how to find and measure PFAS presence in sediment, soil, drinking water, groundwater, surface water, wastewater/biosolids, landfill leachate, and other media of concern. There are new Federal and State regulations underway, concerns about how to best address emerging contaminants in consideration of Environmental Justice policies, and uncertainties in the impact to and potential role that natural resources will play in managing PFAS risk. This results in the need for environmental attorneys, planners & economists, natural resource specialists, toxicologists, site investigation and cleanup professionals, and other environmental professionals to work together to develop a better understanding of PFAS characteristics and risk management policies and technologies.
In this webinar our panelists will focus on what we know about:
The development of Federal and State regulatory actions
Assessing and managing risk
The challenges of and alternatives for the removal and destruction of PFAS constituents in environmental media.
After many years of study, there remains much to learn about PFAS and other emerging contaminants. Have we reached Summer in terms of growth in our understanding, or are we in a perpetual Spring of policy and knowledge germination? Please join and plan to contribute to our discussion as we consider the likely sunny and stormy PFAS future faced by environmental professionals.
An Environmental Planners Guide to the Recent Infrastructure Legislation
January 26, 2022 9:00 AM (PT) | 12:00 PM (ET)
Speakers
Fred Wagner, Esq., Partner, Venable, LLP Charles Nicholson, Senior Environmental Scientist, HDR Caroline Levenda, QEI
Moderator
Michelle Rau, PMP
About
Keeping track of the latest developments in infrastructure legislation and its effects on the environmental planning profession can easily become an all-consuming effort. NAEP has pulled together a group of industry experts to walk junior to senior-level environmental planners through the latest developments resulting from the recently signed Infrastructure Investment and Jobs Act and the Build Back Better bill. Topics will include tracking where money will be allocated, an explanation of the environmental considerations, and the effect on agency policies.
Designing Resilient Transportation Networks with GIS
Co-Hosted by ESRI
November 16, 2021 10:00 AM (PT) | 1:00 PM (ET)
Speakers
Terry Bills, Global Transportation Industry Manager, esri Toria Lassiter, Assistant Division Chief, Maryland DOT State Highway Administration Christopher Dorney, Senior Resiliency Planner, WSP
Moderator
Courtney Arena, Principal Environmental Scientist, Gannett Fleming
About
Designing Resilient Transportation Networks with GIS Webinar co-hosted by esri.
There has been a “staggering rise” in the number of extreme weather events over the past 20 years, driven largely by rising global temperatures and other climatic changes. This has had a significant impact on our transportation systems, and transportation and environmental planners are facing ever-greater pressures to design more resilient infrastructure. Building resiliency into current transportation projects requires a solid understanding of future climatic change. Whether it's from sea level rise or from increases in precipitation, storm intensity, or temperature extremes, GIS can help you understand and plan for these changes in the environment. With GIS, you can design more resilient transportation systems for the future.
Join Terry Bills, Esri’s global transportation industry manager, along with a panel of experts from leading transportation agencies for a discussion on how GIS technology can serve as the foundation for building stronger and more resilient transportation networks.
This webinar will include:
A discussion of how GIS allows you to analyze a wealth of data and determine the most environmentally positive and resilient transportation infrastructure
Real-world examples of leading transportation agencies implementing GIS to build resiliency into their transportation systems
Demonstrations of the GIS tools and solutions to help you get started
Learn more about the geospatial community for transportation and sign up to receive the latest GIS news and trends specifically for transportation on the esri Community for Roads & Highways webpage.
Be sure to check out these other resources provided by our speakers:
Jayni Hein, Senior Director for NEPA and Counsel, White House Counsel on Environmental Quality Michael Drummond, U.S. Department of Transportation Ted Boling, Partner, Perkins Coie LLP
Moderator
Marie Campbell, President & CEO, Sapphos Environmental, Inc.
About
Environmental professionals are working during a period of rulemaking changes that has not been experienced since the late 1960s and early 1970s that established the guidance for regulatory oversight and evaluation that guided the practice for the most recent four decades. With the two most recent administrations, there has been an unparalleled number of executive orders and refinement of the Council on Environmental Quality Implementing Procedures for the National Environmental Policy Act.
NAEP is honored to have Ms. Jayni Hein, Senior Director and Counsel for the White House Counsel on Environmental Quality (CEQ) describe CEQ’s priorities for ensuring an inclusive, efficient, and science-based environmental review process under the National Environmental Policy Act (NEPA). She will provide an update on CEQ’s actions with respect to its NEPA implementing regulations, including CEQ’s comprehensive evaluation of the 2020 Rule. She will also provide an update on other relevant CEQ work.
Mr. Michael Drummond from the Department of Transportation’s Office of General Counsel will provide a perspective, based on his extensive past experience working with multiple federal agencies, during his prior tenure at CEQ, about best practices for environmental compliance during a period of transition in the NEPA process, including a discussion of relevant Executive Orders, regulatory guidance, and procedural updates.
Mr. Edward “Ted” Boling will similarly draw on his past experience in federal practice, including his former role at CEQ, and his current role for multiple public agencies about best practices for practitioners related to developing an administrative record that optimizes legal defensibility during an active period or rulemaking.
Moderator
Marie Campbell, President & CEO, Sapphos Environmental, Inc.
Speakers
Jayni Hein, Senior Director and Counsel, White House Counsel on Environmental Quality
Jayni Hein serves in the Biden-Harris administration at the White House Council on Environmental Quality (CEQ) as Senior Director for the National Environmental Policy Act (NEPA). In this capacity, she oversees CEQ’s NEPA policy and implementation efforts and works to advance the administration’s climate, environmental, equity, and economic goals. She has extensive experience leading academic think tanks focused on climate change, energy, and environmental policy. Most recently, she served as the Natural Resources Director at NYU School of Law’s Institute for Policy Integrity, where she also teaches Natural Resources Law & Policy. Previously, she served as Executive Director of UC Berkeley School of Law’s Center for Law, Energy & the Environment and as an attorney at Latham & Watkins LLP in San Francisco, where her practice focused on environmental and regulatory law. Her writing has appeared in numerous academic journals as well as media outlets including The Washington Post, Politico, Slate, The Los Angeles Times, U.S. News, and more.
Michael Drummond, U.S. Department of Transportation
Michael Drummond served as Deputy Associate Director for the National Environmental Policy Act at the Council on Environmental Quality, 2013-2020. He supported drafting of the first comprehensive update to CEQ’s NEPA implementing regulations and Led the development of the first government-wide reports on EIS timelines and page counts.
Michael trained federal staff across multiple agencies on NEPA policy and compliance and provided technical assistance to Congressional committees regarding environmental permitting legislation, including FAST-41. Michael earned his B.A. from Evergreen State College and his J.D. from the University of Washington - School of Law.
Ted Boling, Partner, Perkins Coie LLP
As an associate director at the President's Council on Environmental Quality (CEQ), Edward (Ted) Boling served as the country's top National Environmental Policy Act (NEPA) attorney. He currently advises clients on the development of renewable energy, resource development, transportation, and infrastructure, drawing on over 30 years of high-level public service. Ted served in the U.S. Department of the Interior (DOI), CEQ, and the U.S. Department of Justice (DOJ) in both Democratic and Republican administrations. His experience includes deep involvement in federal infrastructure issues, as well as leadership of the first comprehensive revision of CEQ's NEPA regulations in 40 years. Ted's work at CEQ also included the National Ocean Policy, CEQ's climate change guidance, and the regulatory response to the Deepwater Horizon disaster. He drafted NEPA guidance on mitigation and monitoring, cumulative impacts analysis, and the development of categorical exclusions from detailed NEPA documentation. Ted advised on the establishment of numerous national monuments, including the first marine national monuments in the United States and the largest marine protected areas in the world. He also assisted in briefing three U.S. Supreme Court cases.