The Nepa Litigation Guide

by Ferlo, Albert M.; Sheldon, Karin P.; Squillace, Mark

• ISBN13: 9781614385165
• ISBN10: 1614385165
• Edition: 2nd
• Format: Paperback
• Copyright: 2014-05-07
• Publisher: American Bar Association

Summary

The National Environmental Policy Act (NEPA) introduced the environmental impact statement, transformed decision making by federal agencies, and spurred the growth of an extensive body of environmental law. This book takes a close look at the litigation of NEPA cases, including jurisdiction and related issues, standard and scope of judicial review, and the specific concerns of litigators. Written by experienced practitioners and scholars, this comprehensive guide identifies key NEPA issues and offers solutions to the challenges faced in practice.

This edition now features a chapter on climate change and its relationship to the NEPA process; updated chapters highlight recent cases and provide information on new policies, such as monitoring and mitigation, from the Council on Environmental Quality (CEQ), the body created by the statute to provide guidance and oversight to other federal agencies on NEPA compliance.

Throughout the book, experts summarize hundreds of key cases involving procedural or timing questions; the public participation process; alternatives analysis; limits of knowledge; and more. Appendices include the actf, CEQ regulations, and FAQs.

Author Biography

Albert M. Ferlo practices environmental law at Perkins Coie in Washington, DC. He has been an appellate attorney in the Department of Justice where he was lead counsel on many NEPA cases. Currently, he represents state transportation agencies in federal approvals for highway and transit projects and advises solar project sponsors on environmental reviews and entitlement issues for development of solar projects on public land.
Karin P. Sheldon is President of Western Resource Advocates, a non-profit environmental law and policy organization in Boulder, Colorado. She was Professor of Law and Director of the Environmental Law Center at Vermont Law School, where she taught environmental and natural resources law. Previously, she was President of the Wilderness Society, staff attorney with the Sierra Club Legal Defense Fund (now Earth Justice) in Colorado, and a partner in two public interest law firms.
Mark Squillace is a professor of law and the Director of the Natural Resources Law Center at the University of Colorado Law School. Before moving to Colorado, he taught at the University of Toledo College of and at the University of Wyoming College of Law. He is a former Fulbright scholar and the author or co-author of numerous articles and books on natural resources and environmental law.