National Environmental Policy Act (NEPA):
Writing the Perfect EA, FONSI, or EIS
Course ID: POL-302
April 26 - 27, 2010, 8:30 A.M. to 5 P.M. (2 Days)
Atlanta Airport Hyatt
3415 Norman Berry Drive East Point
Atlanta, Georgia 30344

Instructor: Owen L. Schmidt, former Senior Council, U.S. Government, retired, J.D.

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Description: This training course presents a set of practical skills for preparing either an Environmental Assessment (EA), Finding of No Significant Impact (FONSI), or Environmental Impact Statement (EIS) and includes all the required content, as well as skills for safely leaving out content that is not necessary. Thus the descriptor “perfect” refers to both the necessary and unnecessary content. NEPA lessons learned will come from various project examples. Major themes include: how to make the findings required by law; timing the NEPA process to the decision making 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. Information provided includes a substantial handout with graphic models, case lists that support the models, and sample documents as well as presentation of graphical illustrations of the models. Each attendee will be able to take the handout home to serve as a reference in the workplace.

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 decision making process Idea Proposal Recommendation or report Decision Action 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
Eight good reasons not to prepare an EIS	Writing the perfect cumulative impacts analysis, continued
Writing the perfect EA or EIS Eight plain-language questions any EA or EIS should readily answer	Administrative Record
Writing the perfect ROD Double winnowing	Questions and discussion

Intended Audience: This course is intended for federal agency staff and decision makers, 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. CM | 15 | Law (pending) 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 What to Bring: Mechanical pencil, coffee mug and water bottle (to reduce waste). Please wear comfortable clothing appropriate for the prevailing weather. Coffee, tea and light snacks will be provided. We will be on our own for lunch. 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. Register online! 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. 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.