Description: ***This is a private course for approved attendees. Description: *Updated description 3/2017 This training course begins with the most basic and fundamental bedrock principles of NEPA practice but ends with a highly useful set of models and suggestions for writing what is called the “perfect” NEPA document — whether an Environmental Assessment (EA) / Finding of No Significant Impact (FONSI) or Environmental Impact Statement (EIS). Perfect is defined as having all the required content while successfully leaving out unnecessary content. All materials are based on statutes, regulations, and NEPA case law. This course includes a substantial handout with graphic models, updated case lists that support the models, and sample documents. Each attendee may keep their handout to serve as a reference in the workplace. Major themes include: how to make the findings required by law; how to make the finding of no significant impact in particular; timing the NEPA process to the decision making process; eight good legal reasons not to prepare an EIS; scoping a reasonable range of alternatives; writing the “perfect” cumulative effects analysis including greenhouse gas emissions for climate change analysis; and preparing the administrative record. DID YOU KNOW The NEPA-implementing regulations have not been significantly amended since they were first published in 1978. But NEPA case law is constantly evolving as new issues are presented to the courts and new judicial opinions are published. This course is always updated according to the latest judicial opinions. DID YOU KNOW A perfect EA or EIS will be legally adequate, but a legally adequate EA or EIS is not perfect if it includes unnecessary content. Writing the perfect EA/FONSI or EIS covers all the rules for inclusion as well as for exclusion. DID YOU KNOW The categorical exclusion is not an exclusion from NEPA. Instead, it is one of three processes for compliance with NEPA, along with the EA/FONSI and the EIS. Writing the perfect EA/FONSI or EIS covers all the NEPA procedures including, for example, scoping, supplementation and tiering.
Intended Audience: 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 for federal agency staff and decision makers, attorneys, consultants, as well as members of environmental organizations and interested citizens who are concerned about the environmental effects of federal actions. Those who have taken this course in years past will benefit from updated materials based on the newest judicial opinions and new regulations. Even those who have worked with NEPA their entire careers will stand to learn more about the secrets to successful NEPA compliance.
Continuing Education Units: 1.60 CEUs
Course Topics
DAY 1
Writing the Perfect FONSI
Ultimate conclusions
Basic conclusions
Evidence
Reasons
Timing the NEPA process to the decision making process
Idea
Proposal
Recommendation or report
Decision action
Monitoring, supplements
Eight good reasons not to prepare an EIS
Writing the perfect EA or EIS
Eight plain-language questions any EA or EIS should readily answer
Writing the perfect ROD
Double winnowing
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
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
Writing the perfect cumulative impacts analysis, continued
Administrative Record
DAY 2
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
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
Writing the perfect cumulative impacts analysis, continued
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.
What to Bring
Pen or pencil, coffee mug, and a water bottle.
Billing Information
In order to guarantee a space in a course, the tuition must be paid in full TWO WEEKS before the first day of the course by either check or credit card. State and government agencies paying with a purchase order are allowed payment under the two-week time frame if a copy of the purchase order is received by NWETC.
If You Need to Cancel
Cancellations*-
With 31 or more days notice, we will offer a 100% refund or credit towards a future course. The credit is good for one year and may be applied to any course.
- With 30-8 days notice, we will offer a course credit towards a future course. The credit is good for one year and may be applied to any course.
- With fewer than 8 days notice, there is no course credit available
*Please note that attendee replacement is welcome at any time
Disability Accommodations
Disability Accommodations:To request disability accommodations, please contact us at info@nwetc.org or 425-270-3274 at least 30 days prior to the event.
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