Jason A. Hill | Holland & Knight

Jason Hill is an attorney in Holland & Knight’s Houston office, and a member of the Public Policy & Regulation Group. Mr. Hill counsel’s clients through complex natural resource litigation, compliance and regulatory issues arising under a wide array of federal natural resource and energy statutes and regulations.

With more than 25 years of experience in the environmental and natural resources space, Mr. Hill provides clients with strategic solutions to business and operational challenges set in motion by intricate natural resource laws. He has knowledge of statutes and regulations surrounding federal public lands, extraction of mineral resources, renewable energy projects, environmental justice, and sensitive resource preservation and protection.

With a background in administrative law, as it relates to energy and mineral resource issues, Mr. Hill provides guidance on compliance with the National Environmental Policy Act (NEPA), Outer Continental Shelf Lands Act (OCSLA), Federal Land Policy Management Act (FLPMA), National Forest Management Act (NFMA), Mineral Leasing Act (MLA), Indian Mineral Development Act (IMDA), Surface Mining Control and Reclamation Act (SMCRA), Federal Oil and Gas Royalty Management Act (FOGRMA), and many other federal land management and environmental statutes.

Mr. Hill’s understanding of regulations and the agencies that enforce them stems from his government experience. Previously, he served in several high-ranking positions at the U.S. Department of the Interior (DOI), including as the chief administrative judge of the Interior Board of Land Appeals, the deputy solicitor for the Energy and Mineral Resources and as senior counselor to the director of the Bureau of Land Management (BLM).

In addition, Mr. Hill also served as a trial attorney for a decade at the U.S. Department of Justice (DOJ) in the Natural Resources Section of the Environment and Natural Resources Division, where he was lead attorney in defense of numerous challenges brought through the Administrative Procedure Act (APA), with a particular emphasis on cases brought under various natural resource and land management regulations. Mr. Hill deploys this experience when helping clients navigate federal agency programs, operations and regulatory developments.

Mr. Hill addresses client matters in a holistic fashion while recognizing the factors and internal operations of federal agencies to develop strategic solutions for his clients. He is familiar with the regulatory frameworks utilized by the BLM, Office of Surface Mining, Reclamation and Enforcement (OSMRE), Bureau of Ocean Energy Management (BOEM), Bureau of Safety and Environmental Enforcement (BSEE), Office of Natural Resources Revenue (ONRR) and the Office of Hearings and Appeals (OHA).

Prior to joining Holland & Knight, Mr. Hill was an attorney for an international law firm in Houston office.

Mr. Hill is also an adjunct professor at the University of Houston Law Center, where he teaches the Practice of Environmental Law.

Rafe Petersen | Holland & Knight

Rafe Petersen is a partner in Holland & Knight’s Washington, D.C. office and is a member of the firm’s Government Section. He primarily focuses on litigation and counseling in administrative, environmental and federal fair housing laws.

Mr. Petersen’s environmental practice includes environmental compliance, enforcement and litigation, with an emphasis on water and natural resource issues under the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), the Endangered Species Act (ESA), the Marine Mammal Protection Act (MMPA), the Bald and Golden Eagle Protection Act and the Migratory Bird Treaty Act.

Mr. Petersen assists clients in complex permitting and regulatory issues related to energy development, commercial and residential projects, mining and infrastructure. He is experienced in environmental litigation at both trial and appellate levels and defends clients in enforcement actions in administrative and federal courts. In addition, Mr. Petersen also assists clients in responding to rulemaking efforts by federal agencies and in litigating agency actions under the Administrative Procedure Act (APA).

For example, Mr. Petersen has assisted clients in the following matters:

• Advising wind and solar energy developers on regulatory requirements and representing such clients in enforcement matters
• Negotiating permits, responding to comments and assisting with preparation of other authorizations (e.g., environmental impact statements) from federal agencies such as the US army corps of engineers, US environmental protection agency, federal transit administration, US fish and wildlife service, national marine fisheries service, bureau of ocean energy management, as well as various state and local equivalent agencies
• Obtaining jurisdictional determinations and various types of permits under section 404 of the clean water act
• Advising clients on public-private partnerships related to water infrastructure
• Defending permits are issued for a wide spectrum of activities, including transportation projects, mining operations, offshore drilling, oceanfront restoration, residential and commercial development
• Negotiating incidental take permit coverage under the ESA and MMPA, including approval of several habitat conservation plans
• Participating in federal and state rulemaking related to wetlands, mitigation, stormwater management, water quality and the NEPA as well as litigation related to federal rulemaking under the APA
• Assisting landowners with federal emergency management agency (FEMA) map amendments
• Defending against both private and federal government enforcement actions concerning stormwater management, impacts to wetland and streams, and “take” of endangered species
• Counseling purchasers, sellers and lenders during environmental due diligence on a wide spectrum of business and real estate deals
• Counseling landowners and material suppliers on regulations related to disposal of hazardous and other materials on property (e.g., coal ash)

Mr. Petersen also assists clients with compliance and litigation related to the Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA). He provides advice concerning the requirements of the FHA and ADA and defends multifamily, condominium, hotel, timeshare, student housing, and commercial developers and managers against lawsuits pertaining to construction and design requirements of those statutes, as well as disability and accommodation claims by residents, guests and customers.

For example, Mr. Petersen has assisted clients in the following matters:

• Defended insurance companies against disparate impact claims
• Defended multifamily housing owners and managers against claims brought by the US department of justice US department of housing and urban development and private advocacy groups related to the design and construction of communities and portfolios of property (e.g., “pattern and practice” cases)
• Negotiated settlements of various lawsuits related to FHA and ADA violations
• Counseled property owners and managers, banks, hotels and restaurants concerning the FHA and ADA requirements as well as obligations to meet the specific needs of disabled residents
• Advising autonomous vehicle manufacturers regarding ADA requirements for design and operations

Mr. Petersen has published numerous articles on a wide variety of topics, including wetlands and endangered species issues, as well as fair housing issues. He is co-author of the ABA’s Endangered Species Deskbook (2nd Edition 2010).

I. The relevant historical context for understanding NEPA, including a summary of recent judicial and executive actions that questioned the validity of the existing NEPA framework | 1:00pm – 1.30pm

II. The interim final rule and memorandum that propose to rescind CEQ’s NEPA regulations as directed by EO 14154 and direct agencies to, among other things, promulgate amendments to their own NEPA regulations within 12 months | 1:30pm – 2:00pm

Break | 2:00pm – 2:10pm

III. A discussion of the implications these changes will have in the past, pending and future projects potentially subject to NEPA review | 2:10pm – 3:10pm