Environmental Impacts & Permitting

The federal permitting and National Environmental Policy Act (NEPA) processes can be a source of great controversy and delay, as demonstrated by the Keystone XL Pipeline, Dakota Access Pipeline, and Sabal Trail Transmission matters. Steptoe’s multidisciplinary lawyers have extensive experience assisting clients with the strategic development of complex projects, including a full-range of land use, permitting, and environmental review issues. Our goal is to reduce the potential for project delay, and to ensure that agency decisions will be defensible if challenged. If challenges are filed, we intervene on behalf of applicants to ensure the project is not enjoined during the litigation, and aid in defending the agency’s permitting or funding decision. Our clients include a wide array of railroad, pipeline, mining, energy, and transportation companies.

NEPA Process. Our lawyers represent clients throughout the environmental review process, from the development of a project concept to the issuance of an Environmental Impact Statement and the agency’s record of decision. We advise clients on strategies to streamline NEPA and permitting, as well as ensuring that the agency’s NEPA review process will withstand judicial scrutiny.

Clean Water Act. Steptoe lawyers have broad experience handling matters under the Clean Water Act (CWA). We advise clients with respect to regulatory requirements, as well as the strategic development of projects to minimize individual permitting requirements. Our lawyers regularly counsel clients on how to integrate the Section 404 Army Corps of Engineers permitting process with other regulatory requirements.

Inter-Agency and Tribal Consultations. Steptoe lawyers engage in and advise our clients on managing permitting consultations and inter-agency disputes, including:

• Consultations under the Endangered Species Act (ESA) and Migratory Bird Treaty Act (MBTA) with the US Fish and Wildlife Service and National Marine Fisheries Service, which may involve completion of biological opinions and incidental take statements
• Section 106 consultations under the National Historic Preservation Act (NHPA) with State Historic Preservation Officers, Native American tribes, and the Advisory Council on Historic Preservation, by negotiating and implementing Memoranda of Agreement and Programmatic Agreements to resolve cultural resource concerns related to highly controversial projects
• Coastal Zone Management Act (CZMA) consistency determinations, through advocacy at the National Oceanic and Atmospheric Administration and state agencies

Litigation. Litigation challenging federal environmental and permit decisions for major projects has steadily increased throughout the last decade. Steptoe lawyers have significant experience handling litigation concerning the environmental review for major projects, including under NEPA, the CWA, the ESA, and Section 106 of the NHPA.  Our lawyers regularly litigate wetland and water quality issues. We also defend our clients against CWA citizen suits. We often intervene on behalf of applicants in such cases to ensure the project is not enjoined during the litigation, and defend the permitting or funding decision on the merits. In short, Steptoe lawyers offer effective advice, strategy, and advocacy for your environmental and permitting concerns.