“Modernizing” the NEPA Process or Returning to the Stone Age? Integrating New Definitions for Key Language in the NEPA–Section 106 Process
November 19, 2020
Speakers
Matthew Adams, Partner, Kaplan Kirsch Rockwell
Heather Miller, Ph.D., Vice President, Business Development & Principal Historian, HRA
Michael D. Smith, Ph.D., Principal, WSP USA
Moderator
Marion Werkheiser, Chief Executive, Cultural Heritage Partners
This joint NAEP–ACRA webinar brings together cultural heritage and NEPA practitioners and attorneys to unpack the new NEPA definitions of Direct and Indirect Impacts, and Effects and discuss how these changes affect cultural resources review under Section 106 and NEPA. The panelists, Mathew Adams, Michael D. Smith Ph.D., and Heather Miller, Ph.D., along with moderator Marion Werkheiser, will highlight the recent James River transmission line court ruling (National Parks Conservation Association et al vs. Semonite) as a backdrop for the discussion. The panelists ask, “how would the James River court ruling be different under the new definitions?” The panelists will recap the court case, look at the new vs. old language and how it might have affected the ruling and its impact on future cases. They briefly present the history of the NEPA–106 process, assess traditional understandings of NHPA, and discuss how the new definition of effects will change consideration of cultural resources.
Marion Werkheiser ties it all together and outlines several caveats and teaching points for moving forward (or is it back?) with a “modernized” approach.
Need a full screen? Watch on Vimeo. |
