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Association of Environmental Professionals - Event Information
NEPA Case Law Update
The National Association of Environmental Professionals (NAEP) will host the National Environmental Policy Act (NEPA) Case Law Update webinar on Wednesday, July 15, 2020.
This webinar will review substantive National Environmental Policy Act (NEPA) cases issued by United States Courts of Appeals in 2019. The implications of the decisions and relevance to NEPA practitioners will be explained. This webinar will summarize the more detailed paper prepared for this webinar. The paper briefly explains, with an emphasis on the substantive NEPA findings, each opinion issued by the U.S. Court of Appeals. The paper identifies statistics regarding the NEPA appellate opinions, such as ten-year record of NEPA cases, organized by circuit, and by year. The paper also identifies the agencies involved in each case, and presents statistics relevant to the agencies; the paper further identifies the prevailing ratio of federal agencies, including by agency and by document type (categorical exclusion, environmental assessment, environmental impact statement). The paper analyzes the trends in the court opinions involving NEPA for 2019, with an emphasis on substantive NEPA practice, and by grouping of the cases. Finally, each court opinion is paraphrased and organized in a manner easy to read for practitioners to find the court's ruling.
Appellate opinions are grouped and analyzed by the agency. Past trends include challenges to the purpose and need, alternatives considered, public comment, scientific impact assessment methodologies, GHG emissions and climate change impact assessment, incomplete or unavailable information, determination of significance, segmentation, duty to supplement, connected actions, federal actions, cumulative impact assessment, mitigation, monitoring, and adaptive management.