NATIONAL ENVIRONMENTAL POLICY ACT (NEPA): DESCRIPTION

The National Environmental Policy Act (NEPA), enacted over thirty years ago, requires government agencies to consider the impacts to the human environment of all proposals for "major federal action." Analogous state and local statutes, which were patterned after NEPA, require state and local agencies to consider the environmental impacts of certain projects. McKenna Long & Aldridge counsels both public and private entities on NEPA and analogous state law compliance and, when necessary, will defend or challenge the review process.

Private development often requires government approval, triggering NEPA or state law review. NEPA review entailing the preparation of an environmental assessment or an environmental impact statement can be costly and time-consuming. Our clients' projects often depend on the successful resolution of the NEPA process and the defense of that process before administrative tribunals and federal judges.

The NEPA review process often covers a wide range of natural resource issues and socio-economic impacts. We review and assist in the preparation of environmental impact review documents; negotiate mitigation strategies with regulatory agencies; review documentation regarding historic or cultural resources protected under the National Historic Preservation Act (NHPA) and negotiate any necessary Memorandum of Agreement with appropriate agencies; and represent clients in hearings and administrative proceedings as necessary.

Just some of the projects on which we have provided NEPA advice include privatization of government-owned projects, power plants, airport projects, commercial development, highway construction projects and water projects.