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

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

Program Details

2025-03-06 13:00:00

2025-03-06 13:00:00

2h CLE Credits

Program Details

2025-03-06 13:00:00

Program Details

2025-03-06 13:00:00

Over 1,000+ webinars

2025-03-06 13:00:00

Course Overview

Navigating NEPA's Regulatory Transformation

2025-03-06 13:00:00

Participants will learn how recent judicial decisions, executive orders, and the interim final rule have reshaped NEPA compliance requirements. Practitioners will gain strategies for managing projects across shifting regulatory frameworks.

Format

CLE Credit

2h CLE Credits

Level

Intermediate

Length

2

Key topics that will be covered

01
Historical Framework
NEPA’s 1978 CEQ regulations established the EIS, EA, and categorical exclusion framework.
02
Judicial Developments
Marin Audubon found CEQ lacked statutory authority to issue binding agency regulations.
03
Regulatory Rescission
The February 2025 interim final rule proposes revoking all CEQ NEPA regulations.
04
Statutory Amendments
The 2023 Fiscal Responsibility Act codified page limits, deadlines, and review levels.
05
Agency Guidance
Agencies must revise NEPA regulations within 12 months following 2020 amendments as guidance.
06
Pending Litigation
Seven County Supreme Court case may redefine effects analysis and causation scope.

Program schedule

clock 1:00 pm - 1:30 pm EST

NEPA Historical Context and Recent Legal Challenges

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. HillJason A. Hill
Rafe PetersenRafe Petersen
clock 1:30 pm - 2:00 pm EST

The Interim Final Rule Rescinding CEQ Regulations

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. HillJason A. Hill
Rafe PetersenRafe Petersen
clock 2:00 pm - 2:10 pm EST

Scheduled Break

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. HillJason A. Hill
Rafe PetersenRafe Petersen
clock 2:10 pm - 3:10 pm EST

Implications for Past, Pending, and Future NEPA Projects

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. HillJason A. Hill
Rafe PetersenRafe Petersen
Jason A. Hill

Jason A. Hill

Holland & Knight

Rafe Petersen

Rafe Petersen

Holland & Knight

Jason A. Hill

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

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.
Jason A. Hill

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

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.

Credits by state

AK2.0
AL2.0
AR2.0
AZ2.0
CA2.0
CO2.0
CT2.0
DC2.0
DE2.0
FL2.0
GA2.0
HI2.0
IA2.0
ID2.0
IL2.0
IN2.0
KS2.0
KY2.0
LA2.0
MA2.0
MD2.0
ME2.0
MI2.0
MN2.0
MO2.4
MS2.0
MT2.0
NC2.0
ND2.0
NE2.0
NH120.0
NJ2.0
NM2.0
NV2.0
NY2.0
OH2.0
OK2.0
OR2.0
PA2.0
RI2.5
SC2.0
SD2.0
TN2.0
TX2.0
UT2.0
VA2.0
VT2.0
WA2.0
WI2.0
WV2.4
WY2.0

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

10,000+

Trusted by Legal Professionals

1000+

Live stream programs

24/7

Access to live webinars & recordings

70,000+

Trusted by Legal Professionals

MCLE Credits

Alabama
Pending
Alaska
Approved
Arizona
Approved
Arkansas
Approved
California
Approved
Colorado
Pending
Connecticut
Approved
Delaware
Pending
District of Columbia
No Required
Florida
Approved
Georgia
Approved
Hawaii
Approved
Idaho
Pending
Illinois
Pending
Indiana
Pending
Iowa
Pending
Kansas
Pending
Kentucky
Pending
Louisiana
Pending
Maine
Pending
Maryland
No Required
Massachusetts
No Required
Michigan
No Required
Minnesota
Approved
Mississippi
Pending
Missouri
Approved
Montana
Pending
Nebraska
Pending
Nevada
Pending
New Hampshire
Approved
New Jersey
Approved
New Mexico
Approved
New York
Approved
North Carolina
Approved
North Dakota
Approved
Ohio
Approved
Oklahoma
Pending
Oregon
Approved
Pennsylvania
Approved
Rhode Island
Pending
South Carolina
Pending
South Dakota
No Required
Tennessee
Pending
Texas
Pending
Utah
Pending
Vermont
Approved
Virginia
Not Eligible
Washington
Approved
West Virginia
Pending
Wisconsin
Approved
Wyoming
Pending

Alabama

Requirements

The Alabama State Bar MCLE Commission requires attorneys to complete 12 credits, including 1 ethics, by December 31 of each year. All credits must be reported by February 15 of the following year. A maximum of 12 credits, including 1 ethics credit, may be carried over for 1 year only.  

Formats

  • Attorneys can earn unlimited “live” credit through live seminars, live webcasts, and co-sponsored locations with MyLAWCLE-Alabama approved programs
  • Attorneys are limited to 6 credits per compliance period of “online” programs through MyLAwCLE On-Demand programs