NEPA / CEQA Workshop

CEQA / NEPA logo

The Northwest Environmental Training Center presents:

NEPA / CEQA Workshop
Preparing, Reviewing, Challenging, and Defending Documents Prepared Under the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA)
Course ID: CAPOL-304 ( 2 days )
July 30 -31, 2009, 8:30 A.M. to 5 P.M.
Holiday Inn Express Hotel & Suites - Oakland Airport
Rio Vista Room
66 Airport Access Road
Oakland, California 94603

Instructors: Richard Grassetti, Principal GECo & Owen Schmidt, BA, MA, JD

Register Online | Directions | Accommodations | Course Brochure PDF | Course Catalog

Description: The National Environmental Policy Act (NEPA) is perhaps the best-known of our Nation's environmental laws. It applies whenever federal agencies propose to take action or when they propose to fund or approve the actions of others, if environmental impacts are likely to result. NEPA opened federal agency planning and decision-making to the public, and promotes decisions with better environmental values. The procedures and documents required by NEPA may at times form the only administrative record of federal decision-making.

The California Environmental Quality Act (CEQA) parallels NEPA for State and local agency actions. It is a system of environmental review that requires agencies considering project approval to also analyze and take action to protect California's environment. It applies to any project requiring State or local agency action that may have a significant effect on the environment, whether on State, local agency, or private lands.

The success or failure of many actions will depend on compliance with NEPA and CEQA. Using models and case studies and a sample NEPA/CEQA document, this workshop will help you understand the procedural requirements of the NEPA/CEQA process, including how to determine when these processes apply, deciding which document to prepare, determining the scope and content of NEPA/CEQA documents, preparing an adequate cumulative impacts analysis, and integration of this process with other laws.

Course Topics:

Exemptions and exclusions
All the reasons why an agency would not prepare any NEPA or CEQA document, or follow any NEPA or CEQA process.

Considerations in preparing adequate EAs and EISs
Eight plain-language questions any EA or EIS should readily answer.

Finding of No Significant Impact / Negative Declaration
How to make any "finding" required by law, specifically the Finding of No Significant Impact and/or Negative Declaration

Common problems and solutions in preparing adequate EIS's / EIR's
- Setting / Existing Conditions - the baseline or affected environment
- Impacts / Effects - environmental consequences and the methods of deriving them
- Mitigation Measures - mitigation incorporated into the alternatives, and mitigation as an alternative

Timing the NEPA / CEQA process to the decision making process
Understanding the essential markers of agency decision making, and matching them to the essential phases of the NEPA / CEQA process

Alternatives
Alternative places to go, alternative ways to get there

Cumulative Impacts
A model for conducting the "perfect" cumulative impacts analysis - everything necessary, and not one thing more

Mitigation Monitoring and Reporting
After decisions are made and actions are taken

Administrative record
What is required for support for the decisions that are made, and findings that are made.

After completing this course, participants will be able to:

Determine whether a NEPA / CEQA process is necessary
Determine which process to following: Categorical Exclusion, Environmental Assessment and Finding of No Significant Impact / Negative Declaration (or Mitigated Negative Declaration), or Environmental Impact Statement / Environmental Impact Report
Study, develop, and describe appropriate alternatives
Complete an adequate cumulative impacts assessment
Prepare an Administrative Record to support agency decisions

About the Instructors: Richard Grassetti is an environmental planner with over 23 years experience in environmental impact analysis and regulatory compliance. He is a recognized expert in the CEQA process, and has served as an expert witness on CEQA and planning issues in California. Through his firm, Grassetti Environmental Consulting (GECo), he manages the preparation of CEQA and NEPA documents, as well as the numerous local agency planning and permitting documents. In addition to his consulting practice, Mr. Grassetti serves as adjunct faculty in environmental studies at California State University, East Bay. He has presented numerous papers on environmental impact assessment at statewide and international conferences.

Owen L. Schmidt, BA, MA, JD, has more than 32 years of service with the Federal Government. He has served as Senior Counsel with the U.S. Department of Agriculture, Office of the General Counsel in Portland, Oregon, where he advised the Forest Service, Natural Resources Conservation Service, and other USDA agencies in Washington and Oregon. He was also a Special Assistant United States Attorney in the District of Oregon. Before joining USDA in 1991, he was an attorney for the Bonneville Power Administration, where he joined the legal staff after several years as an Environmental Specialist. Mr. Schmidt received his J.D. from Northwestern School of Law of Lewis & Clark College (1977), and a B.A. (1969) and M.A. (1973) in biology from St. Cloud State University, Minnesota. Mr. Schmidt is a frequent author and lecturer on the National Environmental Policy Act. He served as a Vice-Chair of the American Bar Association’s Book Publication Committee for the Section of Environment, Energy, and Resources and as a Vice President for the Ninth Circuit, The Federal Bar Association. He was the Editor of Oregon Birds, a quarterly journal of Oregon Field Ornithologists, for 14 years (1985-99), and is a long-time member of the Oregon Bird Records Committee.

Intended Audience: Whether you work for an agency of the Federal Government or the State of California, seek a permit, grant, or approval from one of these agencies, or are otherwise interested in government decision making, you need to know about NEPA and CEQA. This workshop is designed to serve both as a comprehensive introduction for those new to these statutes and an update for more experienced professionals. The workshop is beneficial to agency staff and decision makers, attorneys, consultants, and members of environmental organizations, as well as interested citizens. Updates on recent cases will be valuable to any practitioner. Even those who have worked with NEPA and CEQA their entire careers will stand to learn more about the secrets to successful compliance.

Prerequisites: None.

Education Level: Applicable to all levels.

Course Materials: Participants will receive course proceedings prepared by Owen Schmidt and Richard Grassetti, tutorials, reference materials, and a copy of Understanding Environmental Impact Assessment - A Layperson's Guide to Environmental Impact Documents and Processes, a 147 page reference book by Richard Grassetti, 2003.

CM | 15 | Law
AICP members can earn Certification Maintenance (CM) credits for this activity [or many activities at this event]. When CM credits are available, they are noted at the end of an activity description. More information about AICP's CM program can be found at www.planning.org/cm.

Continuing Education Units: 1.3

Accreditations: This class has been approved by the California State Bar for 13 hours of MCLE credit.

What to Bring: Pen or pencil, coffee mug, and a water bottle (to reduce waste). Please wear comfortable clothes appropriate for the prevailing weather. Lunch will be on your own. There are numerous restaurants within walking distance. Drinks and snacks will be provided each day.

Registration:$495/$395*
(*reduced tuition is available for Native American tribes; government employees; nonprofits; students; and NAEP, NEBC, NWAEP members). You may register via the link below or by calling the Northwest Environmental Training Center at 206-762-1976.

Cancellation Policy: Registration fees are fully refundable up to 30 days prior to the event and 50 percent refundable (or 100% credit) thereafter up to the day prior to the event. Registration may occur up to the day prior to the event provided that space is available.