COurse NEPA 101. October 14, 2014 Marriott West Loop Houston, TX. EUCI is authorized by IACET to offer 0.8 CEUs for the course.

Transcription

1 Introduction to the National Environmental Policy Act for Oil & Gas Marriott West Loop COurse EUCI is authorized by IACET to offer 0.8 CEUs for the course. 1

2 Overview The National Environmental Policy Act (NEPA) is the nation s basic environmental law that applies to almost all actions taken by or approved by federal agencies. NEPA comes into play in a multitude of ways during the leasing, exploration, and production process for federally managed oil and gas. This one-day course will cover the basics of NEPA as it applies to onshore oil & gas companies. The course will begin with a brief introduction to NEPA and the Council on Environmental Quality. Attendees will learn how NEPA compliance is triggered, including the concept of federal hooks. The will discuss the different levels of NEPA review, including categorical exclusions, environmental assessments, and environmental impact statements. Who Should Attend Oil & gas permitting and siting professionals Compliance professionals Operations managers Small and independent operators Oil & gas lawyers Project managers and engineers State, county & local regulatory agencies Federal agencies involved in the NEPA process Anyone interested in learning more about NEPA as it relates to oil & gas companies Learning Outcomes Attendees to this course will: Describe NEPA and its history Explain the circumstances that trigger NEPA compliance Discuss categorical exclusions Evaluate Environmental Assessments Review Environmental Impact Statements Examine alternatives and the concept of feasibility Recognize environmental impacts Review supplemental NEPA documents Discuss how to have a successful NEPA process 2

3 Agenda Tuesday, 8:00 8:30 a.m. registration and Continental Breakfast 8:30 a.m. 5:00 p.m. course Timing 12:00 1:00 p.m. Group Luncheon Introduction What is NEPA and why do so many people either love it or hate it? NEPA: A brief history NEPA at its best and at its worst What you need to know to take the mystery out of NEPA for your company Outline expectations for the day When is NEPA Compliance Triggered? The concept of federal hooks or small federal handles Agency action is really the focus, not legislation/regulation generally National vs. international scope Why it s not very easy to de-federalize a proposed action Introduction to the Council on Environmental Quality regulations/guidance D different Levels of NEPA Review Categorical exclusions o establishing a CE o Declaring a CE- options o Opt-out provisions for all possible CEs Environmental assessments o You call this concise? o Decision tracks- Finding of No Significant Impact ( FONSI ); switch to a full Environmental impact statement, or; the Mitigated FONSI o standards of significance Environmental impact statements o Maximum procedural hurdles/protections o The EIS paradox: Really bad impacts could be OK o The Record of decision Alternatives Analysis - the Heart of the NEPA Review Understanding the rule of reason How many alternatives is enough? The concept of feasibility Other types Environmental Impacts Predicting the future; assessing the unknown Allowing a fair comparison between alternatives Relationship between impacts and project mitigation S supplemental NEPA Documents Standards for preparation Purpose of supplementation NEPA and Interplay with Other Federal and State Resources Laws State Little NEPAs Other Federal substantive permitting requirements Movement to streamline permitting and NEPA review processes T the 10 Best Things You Can Do to Make the NEPA Process Successful for Your Company Conclusion/Discussion 3

4 INSTRUCTORs Jamie Auslander / Principal / Beveridge & Diamond James (Jamie) Auslander s legal practice focuses on environmental, natural resources, and administrative law and litigation. Mr. Auslander represents numerous major and small businesses, trade associations, and state agencies in a wide range of regulatory and litigation matters, both national and local in scope. He serves clients in all phases of a case, including internal compliance, administrative proceedings and negotiations, and litigation when necessary. Mr. Auslander devotes a significant part of his practice to counseling and litigation under the National Environmental Policy Act ( NEPA ) and similar state laws. He has represented public and private clients in building strong administrative records and robust NEPA analyses to support complex projects and proposals. For example, Mr. Auslander was integral in crafting and implementing a successful strategy to construct a major new highway in the Washington, D.C. area that presented NEPA and other environmental issues that many felt were impossible to resolve. He also advises a biotechnology company regarding the NEPA sufficiency of petitions to commercialize genetically modified crop seeds. Further, Mr. Auslander represents an industry association in a NEPA matter involving modes of recreation in national parks. Mr. Auslander received his legal degree from Harvard Law School (J.D.,2005) and his undergraduate degrees in Public Policy Studies and Economics, as well as a Certificate in Health Policy, from Duke University (B.A., magna cum laude, 2002). While attending Harvard, Mr. Auslander served as President of the Harvard Environmental Law Society ( ) and Line Editor on the Harvard Environmental Law Review. Mr. Auslander previously worked as a law clerk in the Environmental and Natural Resources Division, Law and Policy Section, of the U.S. Department of Justice, and as policy intern in the Director s office of the U.S. Export-Import Bank, focusing on international environmental policy. Mr. Auslander has been selected for inclusion in Super Lawyers Edition 2014 as a Rising Star. Nessa Horewitch Coppinger / Principal / Beveridge & Diamond Nessa Horewitch Coppinger s practice focuses on complex environmental litigation, including multidistrict litigation and multi-party product liability, toxic tort, and class action matters. Ms. Coppinger also provides counseling and litigation support in matters involving the National Environmental Policy Act. She has achieved favorable results for states, counties, and corporate clients, including Fortune 100 companies in federal and state courts throughout the country. She litigates federal and state statutory claims, as well as common law tort claims, and regularly manages complex discovery issues, including expert discovery. Examples of Ms. Coppinger s experience include representing a state agency in litigation under the National Environmental Policy Act related to development of water infrastructure as well as advising developers of water infrastructure on the NEPA process and issues arising under NEPA (including invasive species). Ms. Coppinger serves as the co-chair of the CLE Subcommittee for the Environmental Litigation Committee of the American Bar Association, and the co-chair of the Environmental Law Forum of the Women s Bar Association of Washington, DC. Ms. Coppinger also serves on the planning committee for the American Bar Association s Environmental, Mass Torts and Products Liability Litigation Committees Joint CLE Seminar. 4

5 INSTRUCTORs Continued Peter Schaumberg / Principal / Beveridge & Diamond Peter J. Schaumberg s practice focuses on issues related to development of energy and mineral resources on Federal lands offshore and onshore. He counsels major multinational corporations, domestic companies, and leading industry trade associations regarding development and operations on the Outer Continental Shelf and on Federally-managed lands onshore, including oil & gas, solar, wind and geothermal resources. Mr. Schaumberg also advises mining company and trade association clients on matters related to development of hard-rock mineral resources on public lands. He is a highly recognized authority with respect to royalty reporting and payment issues for Federal mineral leases offshore and onshore, and for Indian leases. Mr. Schaumberg has successfully represented numerous clients in administrative proceedings before the United States Department of the Interior Board of Land Appeals. Mr. Schaumberg joined Beveridge & Diamond, P.C. in 2006 after 25 years with the Office of the Solicitor, Department of the Interior. He was the Deputy Associate Solicitor for Mineral Resources, the senior career attorney responsible for providing legal advice to the energy, minerals and royalty programs of the Minerals Management Service (now the Bureau of Ocean Energy Management, the Bureau of Safety and Environmental Enforcement and the Office of Natural Resources Revenue) and the Bureau of Land Management. He also provided legal advice to other Departmental agencies including the Office of Surface Mining, the Fish and Wildlife Service, the Park Service, and the Bureau of Indian Affairs. Mr. Schaumberg has written and lectured on a wide range of legal topics relating to Federal mineral royalties and development of oil & gas, coal, hard-rock minerals, and alternative energy on Federally-managed lands. He is a member of the American Bar Association s Section of Environment, Energy and Resources and the Rocky Mountain Mineral Law Foundation, and is the Chair of the Energy Committee of the DC Bar s Environment, Energy & Natural Resources Section. He co-chairs the Firm s Land Use and Oil & Gas Practice Groups. Mr. Schaumberg has received numerous awards including the Presidential Rank Senior Executive Meritorious Service Award and the Secretary of the Interior Meritorious Service Award for his outstanding work in the Office of the Solicitor. Fred Wagner / Principal / Beveridge & Diamond Fred Wagner served as Chief Counsel of the Federal Highway Administration (FHWA) from 2011 to His practice focuses on major project and infrastructure development, including environmental reviews, permitting and approvals from a wide range of federal and state natural resources agencies, and litigation defense of project decisions and policies. He leads the Firm s Natural Resources and Project Development Practice Group. Mr. Wagner originally joined the Firm in 1991 and was named a Principal in In December 2010, he was appointed by President Obama as Chief Counsel of FHWA, an agency of the U.S. Department of Transportation (DOT). As FHWA Chief Counsel, Mr. Wagner assisted DOT leadership on the highest priority legislative and regulatory issues, and partnered with the U.S. Department of Justice in the defense of litigation challenging transportation projects of national significance. He managed all legal matters concerning the $40 billion Federal-Aid Highway program, including environmental and natural resources issues for highway and multi-modal transportation projects across the U.S. He represented FHWA on the Obama Administration s Transportation Rapid Response Team, a special multiagency task force focused on project delivery and environmental review reforms. Mr. Wagner was actively involved in numerous high-profile projects at FHWA, including the Ohio River Bridges in Kentucky and Indiana, the Bonner Bridge in North Carolina, the Tappan Zee Bridge in New York, the Birmingham Northern Beltline in Alabama, the Zoo Interchange in Wisconsin, the State Road 520 Bridge and HOV project in Washington State, the Presidio Parkway in San Francisco, California, and the Elgin-O Hare Expressway in Chicago, Illinois. Mr. Wagner s legal career has been split between the Firm and public service. Besides his tenure at FHWA, he also served as a Trial Attorney in the Environment Division of the U.S. Department of Justice immediately following his graduation from the University of Virginia School of Law, as well as serving as a Special Assistant United States Attorney in the Misdemeanor Trial Section of the United States Attorney s Office for the District of Columbia. 5

6 Instructional Methods PowerPoint presentations will be used to achieve all learning outcomes for this program. Requirements for Successful Completion of Program Participants must sign in/out each day and be in attendance for the entirety of the course to be eligible for continuing education credit. iacet Credits EUCI has been accredited as an Authorized Provider by the International Association for Continuing Education and Training (IACET). In obtaining this accreditation, EUCI has demonstrated that it complies with the ANSI/IACET Standard which is recognized internationally as a standard of good practice. As a result of their Authorized Provider status, EUCI is authorized to offer IACET CEUs for its programs that qualify under the ANSI/IACET Standard. EUCI is authorized by IACET to offer 0.8 CEUs for the course. EVENT LOCATION A room block has been reserved at the Marriott West Loop, 1750 West Loop South, 77027, for the nights of October 12-13, Room rates are $179, plus applicable tax. Call for reservations and mention the EUCI course to get the group rate. The cutoff date to receive the group rate is September 12, 2014, but as there are a limited number of rooms available at this rate, the room block may close sooner. Please make your reservations early. PROCEEDINGS The proceedings of the course will be published, and one copy will be distributed to each registrant at the course. 6

7 EVENT LOCATION please register the following A room block has been reserved at the Marriott West Loop, 1750 West Loop South, 77027, for the nights of October 12-13, Room rates are $179, plus applicable tax. Call for reservations and mention the EUCI course to get the group rate. The cutoff date to receive the group rate is September 12, 2014, but as there are a limited number of rooms available at this rate, the room block may close sooner. Please make your reservations early. discounted registration for attending both Application for Permit to Drill 101 and NEPA 101 courses, October 13-14, 2014: US $1895 Early bird on or before October 3, 2014: US $1695 EUCI s E NEPA 101 : US $995 Early bird on or before October 3, 2014: US $895 EUCI has gathered during its 26 years organizing conferences. Sign me up for Energize Weekly. How did you hear about this event? (direct , colleague, speaker(s), etc.) Print Name Job Title Company What name do you prefer on your name badge? Address City State/Province Zip/Postal Code Country Telephone List any dietary or accessibility needs here CREDIT CARD Name on Card Account Number Billing Address Billing City Billing State Billing Zip Code/Postal Code exp. Date Security Code (last 3 digits on the back of Visa and MC or 4 digits on front of AmEx) OR Enclosed is a check for $ to cover registrations. All cancellations received on or before September 12, 2014, will be subject to a US $195 processing fee. Written cancellations received after this date will create a credit of the tuition (less processing fee) good toward any other EUCI event or publication. This credit will be good for six months. In case of event cancellation, EUCI s liability is limited to refund of the event registration fee only. For more information regarding administrative policies, such as complaints and refunds, please contact our offices at (201) EUCI reserves the right to alter this program without prior notice. 7