National Environmental Policy Act

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The National Environmental Policy Act of 1969 (NEPA) requires comprehensive review of major federal actions that may significantly affect the quality of the human environment. Baker Botts environmental lawyers have extensive experience helping clients with NEPA matters, particularly with respect to the siting, development and modification of national and international energy infrastructure projects and other types of development projects.

Our lawyers routinely handle NEPA review and comprehensive environmental permitting for applications before the Federal Energy Regulatory Commission (Natural Gas Act applications), U.S. Minerals Management Service (Outer Continental Shelf Lands Act applications), U.S. Coast Guard (Deepwater Port Act applications), U.S. Army Corps of Engineers (Sections 404/10 applications), U.S. Fish and Wildlife Service and other agencies. We have particular experience assisting clients with the siting, development and modification of onshore and offshore liquefied natural gas (“LNG”) terminals, natural gas pipelines, electric generating facilities and electric power transmission lines, as well as other types of development projects involving NEPA review. Baker Botts environmental lawyers have handled all aspects of the NEPA review process, such as coordination between lead and cooperating agencies, selection and supervision of the applicant’s consultant, use of federal agency third-party environmental contractor processes, preparation of applications, scoping of environmental issues, preparation of and commenting on Draft and Final EISs and EAs, conduct of public hearings and representation in NEPA-related challenges.

In connection with the NEPA process, we also routinely advise clients concerning related issues arising under the Coastal Zone Management Act, Endangered Species Act, Magnuson-Stevens Act, National Historic Preservation Act, Clean Water Act, Clean Air Act and many other federal, state and local environmental laws and regulations.