NEPA/CEQA

Focused representation for multifaceted environmental law

Environmental compliance can present an extremely confusing landscape for today’s businesses and agencies. Multiple state and federal acts govern different areas of environmental responsibility, affecting everything from private company operations to public works projects. Brownstein Hyatt Farber Schreck possesses the experience and knowledge to guide clients through this complex web of environmental regulations. In particular, the NEPA/CEQA Group offers focused representation related to the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA).

Dealing with these acts requires a comprehensive understanding of the laws’ broad and far-reaching implications. Brownstein has assembled a group of attorneys that has worked hundreds of matters involving these multifaceted acts. Over the years, the group has developed exceptionally strong negotiating skills and case preparation methods that helps us provide the highest level of representation in these areas. NEPA/CEQA Group attorneys have successfully represented public and private sector clients in all aspects of NEPA and CEQA compliance, including administrative proceedings and litigation. We regularly consult with building industry and public agency groups on pending NEPA and CEQA legislation and regulations. We also draft legislation for clients on specific NEPA and CEQA issues, which keeps us up to date on the latest requirements for these statutes.

Industry-leading experience

Members of the NEPA/CEQA Group can call on significant backgrounds working with NEPA, CEQA and land use matters within administrative, litigation and appellate proceedings. Attorneys within the group have been involved in challenges to federal public land and water management decisions under NEPA and other environmental compliance statutes. Our NEPA/CEQA attorneys have also successfully defended numerous state-issued drilling permits, as well as federal court challenges under NEPA to drilling permits. They have provided advice regarding CEQA compliance for major water projects, commercial/industrial projects, and large residential projects, and have successfully defended the projects in litigation and appeals.

Members of our Group have worked on NEPA and CEQA issues while working for Congress and for federal and state agencies, including congressional land and energy committees, the Departments of Energy and the Interior, the Department of Justice, the Environmental Protection Agency, the Colorado State Attorney General’s Office and the Colorado State Department of Natural Resources. One Shareholder in our Group oversaw and resolved a number of complex NEPA matters while serving as Solicitor of the Department of the Interior.

In addition, Group members regularly appear before the California State Water Resources Control Board, California Coastal Commission, California Public Utilities Commission, Colorado Public Utilities Commission and other governmental agencies involved with NEPA and CEQA regulations.

Services

NEPA/CEQA Compliance. The NEPA/CEQA Group regularly provides consultation to clients on matters related to CEQA and NEPA. We advise clients on issues of compliance, and how companies can plan future initiatives with respect to the impact of these complex areas of the law. We possess specific expertise on, among other current issues, compliance with climate change analysis for projects, water supply issues, feasibility of alternatives and mitigation, and applicability of exemptions. Through a proactive problem-solving approach, we help clients avoid courtroom-driven outcomes whenever possible.

Environmental Document Preparation. The NEPA/CEQA Group regularly assists clients in the preparation of environmental documents, and works closely with consultants to ensure a comprehensive and legally defensible document.

NEPA/CEQA Litigation. We litigate matters related to these specific, yet wide-reaching, areas of environmental law. When litigation is inevitable, our group calls on experience from hundreds of litigated matters. We have expertise litigating a variety of significant issues including climate change, water supply, sufficiency of project alternatives and proposed mitigation measures, baseline for projects, and exemptions.

Legislation Drafting. The NEPA/CEQA Group drafts legislation for clients on issues relating to CEQA. Working with our Government Relations Group, we lobby for laws and regulations that provide a sensible interaction between environmental law and sound business practice.

Case Studies

Representative Matters

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