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U.S. Forest Service Proposes to Revise NEPA Regulations

 

Draft guidance could be available as early as 2020.

A proposed rule was issued by the U.S. Forest Service to revise it’s regulations implementing NEPA. This was released in June 2019, more than 10 years since the regulations had been updated last. This white paper reviews the proposed rule which is part of a recent federal effort to increase the efficiency of environmental analyses.

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U.S. Forest Service Proposes to Revise NEPA Regulations

Agenda

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U.S. Forest Service Proposes to Revise NEPA Regulations

Faculty

James M. Auslander

Beveridge & Diamond, P.C.

James M. Auslander is a principal in the Washington, DC office of Beveridge & Diamond, PC. Jamie co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group, including its Energy Practice. He focuses on complex legal issues surrounding the development of oil and gas, hard rock minerals, renewable energy, and other natural resources on public lands onshore and on the Outer Continental Shelf. He frequently litigates appeals before federal courts and administrative bodies regarding rulemakings, permits, and other issues. He represents major and small businesses, leading industry trade associations, and state and local agencies in a wide range of environmental matters, both national and local in scope. He serves clients in all phases of a case, including internal compliance, administrative proceedings and negotiations, and litigation when necessary. Jamie devotes a significant part of his practice to counseling and litigation under the National Environmental Policy Act (NEPA) and similar state laws.

Another cornerstone of Jamie’s practice assists multinational corporations, domestic companies, and leading industry trade associations in protecting valuable lease rights and navigating the ever-changing environmental requirements to develop those leases. Jamie also represents municipalities and local businesses in challenging parochial bans on biosolids and solid waste. Jamie is well-versed in various issues arising under the Administrative Procedure Act, Clean Water Act, Endangered Species Act, Clean Air Act, National Historic Preservation Act, Plant Protection Act, Surface Mining Control and Reclamation Act, as well as a range of international laws and treaties.

Kirstin K. Gruver

Beveridge & Diamond PC

Kirstin K. Gruver is as associate in the Seattle office of Beveridge & Diamond PC. She maintains a diverse environmental litigation and regulatory practice, working with clients nationwide across industrial sectors with a focus on wetlands and water issues. Prior to joining Beveridge & Diamond, Kirstin worked as a deputy prosecuting attorney at the Clark County Prosecutor's office. She also worked as a legal intern with the Department of Transportation, Maritime Administration, and as a summer clerk at Earthjustice.

Kirstin attended law school at the University of Washington School of Law, where she served as an extern at the Attorney General's Office of the University of Washington and as a legal intern at the University of Washington Tribal Defense Clinic. She also acted as the Notes & Comments Editor of the Washington Journal of Environmental Law & Policy. Before attending law school, Kirstin served a year with AmeriCorps working in the Flathead Valley doing watershed conservation and restoration work on the Flathead River, working with local farmers to create and implement restoration plans for their riverbanks. She also led environmental education sessions at her local Boys and Girls Club on the importance of wetlands and sustainable water resources.

Lucy K. Infeld

Beveridge & Diamond PC

Lucy K. Infeld is an associate in the Seattle office of Beveridge & Diamond PC. She works to problem solve in creative ways, utilizing her expertise in water rights, natural resources, and land use issues in Washington state and the western United States. She has worked to develop herself as an environmental regulatory and litigation attorney on nationwide issues, with experience with water rights, CAA, CWA, and TSCA, as well as various Washington state statutes. She has assisted on CERCLA allocations in advocating for clients, working with experts and other attorneys to not only help her clients, but also broaden the overall understanding of a site and work with other parties to achieve a successful remedy.

Prior to joining Beveridge & Diamond, Lucy worked as an associate attorney and a law clerk for the Mentor Law Group in Seattle, WA. She represented clients in water rights adjudication, litigation, and applications to state and federal agencies. She also worked with the State Environmental Policy Act, Washington State Growth Management Act, and Washington state water laws. She also worked as an honors law clerk at the Environmental Protection Agency, where she prepared documents and memoranda for hearings and litigation regarding enforcement actions under the Clean Air Act, and as a law clerk for the Regulatory Environmental Law and Policy Clinic where she petitioned the Washington Forest Practice Board for rulemaking to ensure public health and safety in the aerial application of chemicals.

W. Parker Moore

Beveridge & Diamond, P.C.

W. Parker Moore is a principal in the Washington, DC office of Beveridge & Diamond, PC. Parker's environmental law practice is an outgrowth of his love for the natural world. He co-chairs Beveridge & Diamond’s Natural Resources and Project Development Practice Group and its NEPA, Wetlands, and Endangered Species Act groups. Parker dedicates his practice to successful project development, advising clients nationwide on activities implicating NEPA, wetlands regulation, and federal and state species protection laws, including the Endangered Species Act, Migratory Bird Treaty Act, Bald and Golden Eagle Protection Act, and CITES. He also defends clients against agency enforcement actions and citizen suits, applying his substantive knowledge of natural resources law and project development to craft creative, sound, and successful legal strategies. Parker brings a balanced approach to working on high profile projects to meet the objectives of developers and the legal demands of state and federal regulators. Clients involve him at all stages of project development, from initial project conception and design to defense of completed facilities. He frequently is called on to help get projects back on track when they are delayed by permitting complications and other regulatory issues, bringing to bear his extensive experience to identify innovative and effective solutions. In all cases, Parker’s goal is to help his clients complete legally-defensible projects on time and on budget. Before joining B&D, Parker clerked at the White House Council on Environmental Quality. He also is a professionally-trained wetlands ecologist and has years of experience identifying wetlands, obtaining jurisdictional determinations from the U.S. Army Corps of Engineers, surveying for protected species, and drafting NEPA documents.

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U.S. Forest Service Proposes to Revise NEPA Regulations

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