Kaplan Kirsch guides clients nationwide through NEPA environmental review and its state counterparts, from early planning through litigation. Any project that needs a federal permit, federal funding, or federal land can trigger review under the National Environmental Policy Act (NEPA). We help clients understand what review requires and how to shape its outcome.
How NEPA Environmental Review Works
NEPA requires federal agencies to weigh a proposed action’s environmental effects before they approve, fund, or permit it. The depth of that review depends on the expected impact. Projects with minimal effects may qualify for a categorical exclusion (CATEX). Others require an environmental assessment (EA) to determine whether significant effects are likely. When they are, the agency prepares a more detailed environmental impact statement (EIS).
Other federal laws add their own requirements. The National Historic Preservation Act (NHPA) requires agencies to consult on effects to historic properties. Section 4(f) of the Department of Transportation Act limits when transportation projects may use public parks, recreation areas, wildlife refuges, or significant historic sites. Approval generally requires showing that no prudent and feasible alternative avoids them.
We also advise under the Coastal Zone Management Act (CZMA) and other federal impact assessment requirements. Our work extends to state counterparts such as the California Environmental Quality Act (CEQA).
Results in Review and in Court
Our team has guided some of the nation’s most complex energy, transportation, and infrastructure projects through environmental review and permitting processes. When challengers sued, we successfully defended those approvals in federal and state courts. We have secured protections for nationally significant ecological and historic resources, including matters of first impression before the Ninth, Tenth, and D.C. Circuits.
Resources and Issues We Address
We address ecological, cultural, historic, and socioeconomic issues in settings from urban centers to wilderness. Our expertise spans air quality, water, noise, threatened and endangered species, coastal resources, climate issues, and environmental justice.