NEPA Statute Requirements

Description

This course provides a deep dive into the statutory requirements of the National Environmental Policy Act (NEPA), focusing on the text of the law (42 U.S.C. §§ 4321–4370h) including as amended by the Fiscal Responsibility Act of 2023, and key judicial decisions from federal courts – including the U.S. Supreme Court - that have shaped NEPA compliance. Participants will gain an understanding of how agencies and courts interpret and implement NEPA’s fundamental requirements—such as public involvement, environmental review, and decision-making—even in the absence of government-wide White House Council on Environmental Quality (CEQ) Implementing Regulations. This training clarifies the core legal expectations, obligations, and directions within NEPA, helping practitioners prepare their environmental analyses and documentation in a compliant and efficient manner.

Objectives

Upon completion of this workshop, participants will be able to do the following:

• Understand NEPA’s statutory foundations: Explore the law’s purpose, scope, and essential sections.

• Identify key legal requirements: Learn how NEPA mandates environmental reviews, public participation, and informed decision-making.

• Examine relevant case law: Discuss precedent-setting court decisions interpreting NEPA’s statutory language and intent.

• Streamline compliance: Learn strategies to meet NEPA obligations efficiently without reliance on withdrawn or outdated regulatory provisions.

• Enhance decision-making: Understand how the NEPA statute guides environmental considerations, transparency, and accountability.

Content

The basic format of the interactive workshop includes the following components:

• I. Overview of NEPA

• Historical context and legislative intent

• Goals of the statute (environmental protection, informed decision-making, public involvement)

• II. Legal Foundations

• Full text overview of the NEPA statute

• Key sections (e.g., Section 101 – Declaration of National Environmental Policy, Section 102 – Action-Forcing Provisions)

• Additional sections added by the Fiscal Responsibility Act of 2023

• III. Core Requirements

• The duty to consider environmental impacts

• Public notice and participation under NEPA’s statutory provisions

• Discussion of “alternatives” and how they are addressed in the statute

• IV. Case Law Impact

• Major NEPA cases (e.g., Calvert Cliffs’ Coordinating Committee v. AEC, Robertson v. Methow Valley Citizens Council)

• How courts interpret “hard look,” significance, and cumulative effects purely under NEPA’s statutory language

• Evolving legal interpretations and lessons learned for practitioners

• V. Practical Application

• Structuring NEPA documents in an ever-changing regulatory  environment

• Strategies for conducting analyses, scoping, and public outreach within statutory requirements

• Avoiding use of outdated references to prior regulations and ensuring compliance through statutory text

• VI. Recent Developments

• Discussion of changes in the regulatory landscape and administrative guidance

• Potential future impacts on statutory interpretation if new regulations or agency guidance are adopted

Audience

• Environmental professionals, planners, and project managers in federal agencies and consulting firms

• Attorneys and legal staff seeking deeper knowledge of NEPA’s statutory underpinnings

• Decision-makers who need to ensure compliance with NEPA without reliance on outdated regulations

• Anyone involved in environmental documentation, public outreach, or project planning under NEPA

Process

This is an interactive workshop designed to build an overall understanding of the implications of the recent reforms to NEPA implementation. This workshop consists of a carefully designed combination of the following:

  • 70% Lecture

  • 30% Discussion

Materials

Participants receive the following:

  • Slide presentation handouts

  • Student reference manual – includes relevant statutory and regulatory documents