The New NEPA Regulations: Long Overdue Update or Radical Sea Change

  • A Virtual Setting
  • September 18, 2020 at 10AM MDT

The New NEPA Regulations: Long Overdue Update or Radical Sea Change

September 18, 2020 at 9AM PDT, 10AM MDT, 11AM CDT, and Noon EDT

On September 14, 2020, the Council on Environmental Quality’s new NEPA regulations—the first significant changes to the regulations since they were promulgated in 1978—go into effect.  Join us as our panel of experts explores the changes to the NEPA regulations and answers some of your burning questions, including:

  • What are the biggest departures from the 1978 regulations and what were the purposes behind the changes?
  • What is the implication of eliminating consideration of cumulative impacts for issues such as climate change in NEPA review?
  • How does the new definition of “major federal actions” limit the scope of the NEPA review?
  • Will the new definition of “significance” or limitation of alternatives streamline the NEPA process?
  • What effect will the page and time limits have?
  • Do any of the judicially created NEPA constructs, such as the “hard look” standard, that are based on the statutory language, survive, or even nullify, the regulatory change?
  • How long will the new regulations last? What are the bases for litigation challenging the regulations? How easily could a new administration overturn the regulations and revert to the 1978 regulations?
  • How do I advise clients with current projects under NEPA review? Should NEPA documents comply with both the old and new regulations?