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Best Practices in NEPA Mitigation

Understand the essential role in crafting compliant mitigation programs and how adaptive management frameworks are being used.

The National Environmental Policy Act (NEPA) was enacted to promote efforts that will prevent or eliminate damage to the human environment. Mitigation measures can help to accomplish this goal in several ways. Many Federal agencies and applicants include mitigation measures as integral components of a proposed project's design. Agencies also consider mitigation measures as alternatives when developing Environmental Assessments (EAs) and Environmental Impact Statements (EISs). This topic will help impact assessment practitioners understand the key role of mitigation in the NEPA process, and the key regulatory requirements for creating effective mitigation measures. The material will explain how monitoring plays an essential role in crafting compliant mitigation programs, and how adaptive management frameworks are increasingly being used by federal agencies in crafting their mitigation and monitoring programs. This information is critical for NEPA practitioners seeking to understand the proper role of mitigation in the impact assessment process and the most effective way of using mitigation and monitoring in a legally-compliant manner.

Runtime: 94 minutes
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Agenda

The Importance of Mitigation in the NEPA Process

  • Regulatory Requirements for Mitigation
  • Key Mitigation Guidance Documents
  • Interrelationship Between Mitigation, Alternatives, and Project Design Features
  • Public Involvement for Mitigation

The Five Main Types of Mitigation

  • Definitions/Application of Avoidance; Minimization; Rectification; Reduction; and Compensation
  • Different Types of Compensatory Mitigation
  • Creating Effective and Compliant Mitigation Measures
  • Case Law on NEPA Mitigation

The Use of Mitigation in the Environmental Assessment (EA) Process

  • Early Controversy Over the Use of Mitigation for EAs and Fonsis
  • Federal Court Rulings on the Use of Mitigated Eas and FONSIs

Monitoring Mitigation Measures

  • The Different Types of Monitoring
  • Identifying Key Players and Roles in Monitoring
  • Monitoring and Supplemental NEPA Analysis

Mitigation and Adaptive Management

  • The Interrelationship Between Mitigation Monitoring and Adaptive Management
  • Legal Issues With the Use of Adaptive Management in the NEPA Process
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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Credits

OnDemand Webinar

This course was last revised on September 17, 2018.

Call 1-866-352-9540 for further credit information.

  • AICP 1.5 including Law 1.5
     
  • This course has been approved by the American Planning Association for 1.5 hours of CM credit for AICP members. Additionally, this course has been approved for 1.5 hours of Law Credit.
     

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

Audio & Reference Manual

  • Arizona CLE 1.5
     
  • CA MCLE 1.5
     
  • CT CLE 1.5
     
  • GA CLE 1.5
     
  • HI CLE 1.5
     
  • IL CLE 1.5
     
  • ME CLE 1.5
     
  • MT CLE 1.5
     
  • NJ CLE 1.8
     
  • NV CLE 1.5
     
  • VT CLE 1.5
     
  • WA CLE 1.5
     
  • WV MCLE 1.8
     
The CLE Code is ONLY a requirement when applying for CLE Credit in California (for participatory credit), Kansas, New Jersey or New York. Other states do not need to supply the CLE Code to apply for CLE credit.

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

MP3 Download

This program does NOT qualify, nor meet the National Standard for NASBA accreditation.

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Why Lorman?

Over 31 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.

Faculty

Michael D. Smith, Ph.D.

Michael D. Smith, Ph.D.

ENERCON

  • Principal for ENERCON in the San Francisco Bay Area
  • Nationally recognized expert in NEPA compliance and environmental policy with more than 20 years of experience in project and program management, climate change policy, technical analysis, policy development, socio-economic and environmental justice analyses, and training/education for a wide range of public and private sector clients
  • Managed and provided compliance review for some of the nation's largest, most complex, and highly controversial projects, including for major energy and transportation infrastructure projects, approval of genetically engineered plants, commercial space transportation operations, and approval of new fuel economy standards for all vehicles operated in the U.S.
  • Serves on the Board of Directors of the National Association of Environmental Professionals (NAEP) and the California Association of Environmental Professionals (AEP)
  • Ph.D. degree in environmental sociology; M.A. degree in geography and resource management; B.A. degree in environmental studies
  • Can be contacted at 510-879-4508 or [email protected]
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Product ID: 400246
Published 2018
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