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Rapid Changes For The National Environmental Policy Act: Historical Context, Proposed Regulatory Changes Under EO 14154, and Their Implications

2025-03-06 13:00:00

2025-03-06 13:00:00

2 Credits

NEPA’s regulatory framework faces unprecedented upheaval following court decisions questioning CEQ authority and new rules rescinding decades of environmental review regulations.

2025-03-06 13:00:00

NEPA’s regulatory framework faces unprecedented upheaval following court decisions questioning CEQ authority and new rules rescinding decades of environmental review regulations.

2025-03-06 13:00:00

1000+

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70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

Key topics that will be covered

What will you learn

Attorneys will learn about NEPA's historical framework, recent judicial decisions questioning CEQ's rulemaking authority, the interim final rule rescinding regulations, and implications for projects.

What will you gain

Attorneys will gain practical guidance for navigating regulatory uncertainty as agencies develop new NEPA regulations while courts address conflicting interpretations across circuits.

Historical Framework
NEPA’s 1978 CEQ regulations established the EIS, EA, and categorical exclusion framework.
Judicial Developments
Marin Audubon found CEQ lacked statutory authority to issue binding agency regulations.
Regulatory Rescission
The February 2025 interim final rule proposes revoking all CEQ NEPA regulations.
Statutory Amendments
The 2023 Fiscal Responsibility Act codified page limits, deadlines, and review levels.
Agency Guidance
Agencies must revise NEPA regulations within 12 months following 2020 amendments as guidance.
Pending Litigation
Seven County Supreme Court case may redefine effects analysis and causation scope.

What will you learn

Attorneys will learn about NEPA's historical framework, recent judicial decisions questioning CEQ's rulemaking authority, the interim final rule rescinding regulations, and implications for projects.

What will you gain

Attorneys will gain practical guidance for navigating regulatory uncertainty as agencies develop new NEPA regulations while courts address conflicting interpretations across circuits.

Agenda

Session 1

NEPA Historical Context and Recent Legal Challenges

Session 2

The Interim Final Rule Rescinding CEQ Regulations

Break

Scheduled Break

Session 3

Implications for Past, Pending, and Future NEPA Projects

clock 1:00 pm - 1:30 pm EST

NEPA Historical Context and Recent Legal Challenges

Jason A. Hill

Holland & Knight

Rafe Petersen

Holland & Knight

This session traces NEPA’s evolution from its 1970 enactment through the landmark 1978 CEQ regulations, the 2020 Trump-era reforms, and the 2024 Phase Two amendments. Participants will examine how recent judicial decisions like Marin Audubon and Iowa v. CEQ have fundamentally questioned CEQ’s rulemaking authority.

Jason A. Hill

Holland & Knight

Rafe Petersen

Holland & Knight

clock 1:30 pm - 2:00 pm EST

The Interim Final Rule Rescinding CEQ Regulations

Jason A. Hill

Holland & Knight

Rafe Petersen

Holland & Knight

This session analyzes Executive Order 14154 and the February 2025 interim final rule proposing to rescind all CEQ NEPA regulations. Attendees will explore the accompanying guidance memorandum directing agencies to promulgate their own NEPA regulations within 12 months, with emphasis on the 2020 amendments as preferred guidance.

Jason A. Hill

Holland & Knight

Rafe Petersen

Holland & Knight

clock 2:00 pm - 2:10 pm EST

Scheduled Break

Jason A. Hill

Holland & Knight

Rafe Petersen

Holland & Knight

A brief intermission allowing participants to refresh before the final substantive session. Use this time to reflect on the regulatory changes discussed and prepare questions for the implications discussion.

Jason A. Hill

Holland & Knight

Rafe Petersen

Holland & Knight

clock 2:10 pm - 3:10 pm EST

Implications for Past, Pending, and Future NEPA Projects

Jason A. Hill

Holland & Knight

Rafe Petersen

Holland & Knight

This comprehensive session examines the practical challenges facing agencies, project proponents, and practitioners navigating the current regulatory uncertainty. Discussion includes pending Supreme Court cases like Seven County Infrastructure Coalition, the elimination of environmental justice and cumulative effects analysis, and strategies for managing projects across conflicting interpretive frameworks.

Jason A. Hill

Holland & Knight

Rafe Petersen

Holland & Knight

01 04
Prev
Next

speakers

Joe Ervin

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Kevin Foley

Reminger Co
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Grant H. Lawson

The Law Firm for Truck Safety, LLP
A Partner at The Law Firm for Truck Safety. He focuses exclusively on cases involving commercial motor vehicle crashes and wrongful death. Joe also holds a valid class “A” commercial driver’s license with endorsements for double/triple trailers and tankers.

Education & Credentials

A 2013 graduate of the Gerry Spence Trial Lawyers College in Dubois, Wyoming, Joe is rated AV Preeminent™ by Martindale-Hubbell — the highest peer rating for exceptional legal ability and ethics. He is among the first nine attorneys nationwide to earn board certification in Truck Accident Law from the National Board of Trial Advocacy.

Recognition & Leadership

Joe received the Roadway Safety Award from the American Association for Justice (AAJ) for his commitment to improving highway safety.
 He currently serves as Co-Chair of the Academy of Truck Accident Attorneys (ATAA) Safety Committee, advocating for higher safety standards across the trucking industry.

Professional Involvement

Joe serves on the faculty of the AAJ Advanced Trial Advocacy College: Litigating Truck Collision Cases (2015 & 2024).
 He is an active member of AAJ’s Trucking Litigation Group and sits on the Board of Regents for the Academy of Truck Accident Attorneys.

Experience

Joe frequently consults and co-counsels on complex commercial truck cases. His proven track record includes numerous successful trials against motor carriers and truck leasing companies — delivering justice for victims of commercial vehicle accidents.

Jason A. Hill

Holland & Knight

Rafe Petersen

Holland & Knight

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, counseling clients through complex natural resource litigation, compliance, and regulatory issues under federal natural resource and energy statutes. With more than 25 years of experience, he provides strategic solutions to business and operational challenges arising from intricate natural resource laws.

Education & Credentials

Adjunct professor at the University of Houston Law Center, teaching the Practice of Environmental Law.

Professional Involvement

Adjunct professor at the University of Houston Law Center; member of Holland & Knight's Public Policy & Regulation Group; experienced in matters before BLM, OSMRE, BOEM, BSEE, ONRR, and OHA.

Experience

Mr. Hill previously served in several high-ranking positions at the U.S. Department of the Interior (DOI), including as chief administrative judge of the Interior Board of Land Appeals, deputy solicitor for Energy and Mineral Resources, and senior counselor to the director of the Bureau of Land Management (BLM). He also served for a decade as a trial attorney at the U.S. Department of Justice (DOJ) in the Natural Resources Section of the Environment and Natural Resources Division, serving as lead attorney in defense of numerous APA challenges. Prior to joining Holland & Knight, he was an attorney at an international law firm in Houston.

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, counseling clients through complex natural resource litigation, compliance, and regulatory issues under federal natural resource and energy statutes. With more than 25 years of experience, he provides strategic solutions to business and operational challenges arising from intricate natural resource laws.

Education & Credentials

Adjunct professor at the University of Houston Law Center, teaching the Practice of Environmental Law.

Professional Involvement

Adjunct professor at the University of Houston Law Center; member of Holland & Knight's Public Policy & Regulation Group; experienced in matters before BLM, OSMRE, BOEM, BSEE, ONRR, and OHA.

Experience

Mr. Hill previously served in several high-ranking positions at the U.S. Department of the Interior (DOI), including as chief administrative judge of the Interior Board of Land Appeals, deputy solicitor for Energy and Mineral Resources, and senior counselor to the director of the Bureau of Land Management (BLM). He also served for a decade as a trial attorney at the U.S. Department of Justice (DOJ) in the Natural Resources Section of the Environment and Natural Resources Division, serving as lead attorney in defense of numerous APA challenges. Prior to joining Holland & Knight, he was an attorney at an international law firm in Houston.

Rafe Petersen

Holland & Knight

Rafe Petersen is a partner focusing on litigation and counseling in administrative, environmental and federal fair housing laws. His environmental practice includes environmental compliance, enforcement and litigation, with an emphasis on water and natural resource issues under NEPA, Clean Water Act, Endangered Species Act, Marine Mammal Protection Act, and other environmental statutes.

Recognition & Leadership

Published numerous articles on wetlands, endangered species issues, and fair housing issues. Co-author of the ABA's Endangered Species Deskbook (2nd Edition 2010).

Experience

Assists clients in complex permitting and regulatory issues related to energy development, commercial and residential projects, mining and infrastructure. Experienced in environmental litigation at both trial and appellate levels and defends clients in enforcement actions. Has advised wind and solar energy developers on regulatory requirements, negotiated permits with federal agencies including US Army Corps of Engineers, US EPA, US Fish and Wildlife Service, and BOEM. Assists clients with compliance and litigation related to the Fair Housing Act and Americans with Disabilities Act, defending multifamily, condominium, hotel, timeshare, student housing, and commercial developers against lawsuits.

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Exclusive Partner Webinars & Events
Special credits (Ethics, Elimination
of Bias, etc.)
Instant Certificates After Completion
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Why Attend

Why this 
program matters

Understanding recent NEPA regulatory changes is essential for practitioners advising on federal projects, permits, and infrastructure developments subject to environmental review amid significant legal uncertainty.
100k+
Federal actions are subject to NEPA review annually, making it one of the most broadly applicable environmental statutes. (Congressional Research Service, 2025)
4.5
Years was the average time to complete an Environmental Impact Statement according to CEQ data from 2010-2018. (Council on Environmental Quality, 2020)
99%
Of NEPA environmental analyses are completed through categorical exclusions or environmental assessments rather than full EISs. (CEQ EIS Timeline Report, 2025)
600+
Pages was the average length of an Environmental Impact Statement, far exceeding CEQ’s recommended 150-300 page guideline. (Council on Environmental Quality, 2020)

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