National Environmental Policy Act (NEPA)

National Environmental Policy Act documentation regularly ends up in litigation, often leaving project proponents in a state of uncertainty while much-needed financing is threatened. It is not enough to prepare accurate documents. Those seeking NEPA approvals need to complete their documentation with litigation in mind, addressing potential issues and objections proactively. 

Best Best & Krieger LLP’s environmental attorneys assist both private and public agency clients with the entire NEPA process, which applies to federal approvals, by guiding them from initial planning, federal permit applications and entitlements through NEPA noticing, document preparation and circulation, public review, regulatory compliance and requirements specific to each federal agency involved. Our attorneys deftly review and prepare exemptions, environmental assessments and findings of no significant impact, and we have decades of experience writing and revising environmental impact statements to fully comply with NEPA’s requirements.

With deep insights into NEPA’s subtleties, BB&K attorneys take a strategic approach when drafting or reviewing NEPA documentation to ensure that they comply with the law and effectively address issues before they lead to lawsuits. Clients rely on our proficiency regarding all types of infrastructure, commercial, residential, mixed-use and industrial development projects, our strong record of success, and our deep understanding of the interplay between NEPA and other environmental statutes, including the state and federal Endangered Species Acts, the California Environmental Quality Act and the state and federal Clean Water Acts. 

A single team of attorneys represent clients at all stages, advising on risk management and policy implementation, reviewing and revising NEPA notices and documents, and negotiating resolutions and defending challenged NEPA approvals before regulatory bodies and in both federal trial and appellate courts. This approach avoids the need for separate litigation counsel and the cost that may otherwise be incurred as they spend time “getting up to speed.” It also optimizes success — as one team of legal counsel can efficiently develop and implement a start-to-finish federal permitting and NEPA review strategy with seamless efficiency.