NEPA Compliance

Any project involving federal government participation, funding, or permitting, will likely require compliance with NEPA (the National Environmental Policy Act). NEPA is a federal procedural statute requiring analysis of the environmental impacts of federal projects. The environmental attorneys at Jennings Haug Cunningham are experienced in assisting clients in NEPA compliance. We have comprehensive knowledge of environmental laws and their impacts, both of which are necessary to effectively represent clients in determining whether and how NEPA applies to a project.

Our attorneys have assisted clients by preparing environmental assessments and environmental impact statements, and defending NEPA documents. Recognizing the unwanted media and public scrutiny that often accompanies NEPA reviews, we assist those clients in developing community relations strategies and effectively responding to public and media inquiries. In other instances we represent parties opposing a project, who retain us to carefully scrutinize the NEPA documents prepared by others and comment on any inadequacies. Some of the representative projects and issues we have assisted with in this area include:

  • Conducting a high-profile two-year NEPA review including drafting, presenting and defending an Environmental Assessment (EA) for an urban development sited in proximity to a federal Superfund site, closed solid waste landfills, aggregate mining operations, salvage yards, unregulated industrial facilities, an international airport, major freeways, and nearby surface water;
  • Assisted in defending, in a hotly contested federal administrative appeal, a project partner's NEPA review and determination of indirect and cumulative impacts required for analysis;
  • Demonstrating that neither an EA nor a more detailed Environmental Impact Statement (EIS) was necessary for a water provider's construction of a new transportation pipeline;
  • Advising clients on the scope of NEPA evaluation and whether the statute required nearby activities to be included within the project's NEPA review; and
  • Analyzing whether a party had judicial standing to participate in a NEPA appeal.