NEPA: Writing the perfect EA/FONSI or EIS
Course ID: POL - 302
January 29-30, 2009, 8:30 A.M. to 5 P.M. (2 Days)
California State University, East Bay
Oakland Professional Development & Conference Center
Located at Trans Pacific Center
1000 Broadway, Suite 109
Oakland, California


Instructor: Owen L. Schmidt, BA, MA, JD


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Description: This training course will present to the National Environmental Policy Act (NEPA) practitioner a set of practical skills for preparing either an Environmental Assessment (EA) / Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS) that includes all the required content, as well as skills for safely leaving out content that is not necessary.  The descriptor “perfect” refers to both content that is necessary as well as to content that is not necessary.  NEPA lessons learned will also come from various project examples.
Information is provided by a substantial handout that includes graphical models, case lists that support the models, and sample documents.  The presentation includes a PowerPoint-type of graphical illustration of the models. Each attendee will take home a copy of the extensive handout, which serves as a reference in the workplace.  Major themes include: How to make the findings required by law; Timing the NEPA process to the decisionmaking process; All eight good legal reasons not to prepare an EIS; Scoping a reasonable range of alternatives; Writing the “perfect” cumulative effects analysis; and the Administrative Record.


About the Instructor: 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.

Course Topics:

Writing the Perfect FONSI
Ultimate conclusions
Basic conclusions
Evidence
Reasons

SCOPE: Alternatives
Proposal for action
Need underlying the proposal

Action alternatives:
-Alternative places to go
-Alternative ways to get there
No-action alternative
Mitigation not included in the proposal
Decision factors

Timing the NEPA process to the decisionmaking process
Idea
Proposal
Recommendation or report
DecisionAction
Monitoring, Supplements
Writing the perfect cumulative impacts analysis
Actions:
-Reasons to lump
-Reasons to split
Impacts:
-Direct, indirect, and cumulative
-Increments to past, other present, and reasonably
foreseeable future actions
8 good reasons not to prepare an EIS Writing the perfect cumulative impacts analysis, continued

Writing the perfect EA or EIS
8 plain-language questions any EA or EIS should readily answer

Administrative Record
Writing the perfect ROD
Double winnowing
Questions and discussion

Intended Audience: Whether you work for an agency of the federal government, seek a permit, grant, or approval from a federal agency, or are otherwise interested in federal decisionmaking, you need to know about NEPA.  This workshop is designed to serve both as a comprehensive introduction for those new to NEPA and a refresher for more experienced professionals.  The course is beneficial to federal agency staff and decisionmakers, attorneys, consultants, and members of environmental organizations, as well as interested citizens who are concerned about the environmental effects of federal decisions.  Up-to-date case lists will be valuable to any NEPA practitioner. Even those who have worked with NEPA their entire careers will stand to learn more about the secrets to successful NEPA compliance.

Course Materials: Each participant will receive a copy of the course proceedings including notes and reference material on the first day of the course.

Continuing Education Units: 1.3

What to Bring: Mechanical pencil, coffee mug and water bottle (to reduce waste). Please wear comfortable clothing appropriate for the prevailing weather.

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 3 business days prior to the event. No refunds are issued for cancellations occurring less than 3 business days before the start day. Course registration fees and cancellation policy are subject to change without notice.

Disability Accommodations: To request disability accommodations, please contact us at info@nwetc.org or (206) 762-1976 at least 30 days prior to the event.


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