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Federal Environmental Policy Update: Upcoming Regulatory Changes

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By Braun Intertec | June 4, 2019

Many of the most significant federal statutes regarding environmental protection and policy became law in the 1970s. However, these 1970’s-era laws are not static. Changing perspectives, scientific understanding, priorities and political views all affect how these laws are implemented. While the text of laws such as the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and Endangered Species Act (ESA) have not changed, the federal regulations which implement these laws are subject to change. Furthermore, the outcomes of litigation can also affect how these laws are interpreted and enforced.

This webinar will discuss some of the recent and proposed changes to regulations derived from these laws and the implications for industry and development. We will address ongoing major revisions to federal policy regarding environmental assessments and environmental impact.

For each of the following topics, we will discuss how industry, development, and redevelopment of real estate may be affected:

  • Proposed executive branch initiative for one federal decision which would integrate environmental permitting and NEPA review
  • Proposed limits to NEPA document length and review deadlines
  • Revised NEPA regulations from the Council on Environmental Quality (CEQ)
  • Proposed changes under the CWA, including a proposal from the US Environmental Protection Agency regarding the Waters of the US rule. This proposal would alter the definition of protected water bodies and wetlands and will have implications for industry and development nationwide.
  • Potential changes to the CWA include a case presented to the US Supreme Court which may extend jurisdiction of the CWA to groundwater
  • Proposed changes to how threatened and endangered species and critical habitat are designated under the ESA.

Watch a recorded version of the webinar below.

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