NEPA and Natural Resource Protection
Our lawyers represent clients seeking federal permits, licenses and other authorizations involving consideration of environmental matters. In many cases, the federal approval process includes the application of the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), the Endangered Species Act (ESA), the Migratory Bird Treaty Act (MBTA) and other federal statutes involving protection of natural resources. The firm has extensive experience in these permitting contexts. Our recent activities have included:
- Advising the Federal Aviation Administration on federal environmental compliance duties under NEPA and related federal statutes arising from the FAA’s review of the proposal by the City of Chicago to conduct a multibillion dollar improvement project at O’Hare International Airport.
- Advising the South Florida Water Management District with respect to its role in NEPA reviews conducted for various public activities associated with the Comprehensive Everglades Improvement Plan and related regulatory activities.
- Assisting the TransCanada Pipeline Company on NEPA, historic preservation, ESA and related matters in the process conducted by the United States Department of State in conjunction with the federal permit required for a crude oil pipeline that crosses an international border of the United States.
- Assisting a natural gas pipeline operator in the NEPA review conducted by the Federal Energy Regulatory Commission (FERC) in connection with the issuance of federal approvals for the construction and operation of the interstate pipeline.
- Advising several local civic organizations regarding the adequacy of an Environmental Impact Statement prepared by the Federal Highway Administration for a controversial connector highway in the greater Washington area.
- Participating on behalf of some of the nation’s largest railroads in the NEPA analyses conducted by the Surface Transportation Board in conjunction with applications for a variety of STB authorizations, as well as working with federal and state historic preservation officers when the National Historic Preservation Act requires consultation over potential impacts to historic resources.
- Creating an Environmental Management System that was integrated into a federal agency’s basic management structure to enhance its ability to comply with NEPA and other federal statutes.
Sidley lawyers, by virtue of their previous experience as litigators at the United States Department of Justice, have significant experience litigating environmental permitting issues that arise in the federal courts.
- One of our lawyers assisted in drafting the very first appellate brief filed in a NEPA case: Zabel v. Tabb, 430 F. 2d 199 (5th Cir. 1970), which upheld the authority of the U.S. Army Corps of Engineers to deny a permit to fill navigable waters of the United States.
- In the aviation field alone, one of our lawyers has successfully defended more than 30 actions by the FAA related to airport and airspace improvements from charges arising under NEPA, NHPA and related statutes.
- Sidley lawyers have participated in litigation involving the defense of federal permits that have been alleged to violate the National Historic Preservation Act, the Religious Freedom Restoration Act and a variety of natural resource protection statutes.
- On pipeline matters, Sidley lawyers have represented clients regarding the adequacy of an EIS for a natural gas pipeline in proceedings before FERC and in subsequent litigation before the D.C. Circuit Court of Appeals.
Especially in this era of “NEPA streamlining,” an EIS serves as a platform for a host of related environmental decisions made by a number of participating federal agencies. Accordingly, our NEPA lawyers have significant experience not only with respect to this statute, but also in related fields involving Clean Air Act conformity determinations, Clean Water Act permitting, Endangered Species Act compliance, Historic Preservation Act determinations and Memoranda of Agreement, findings regarding parkland and other protected lands under Section 4(f) of the Department of Transportation Act and other related measures.
For many years, Sidley lawyers have worked successfully with federal agencies, private applicants, environmental contractors and others to assure the timely and successful compliance with the broad array of environmental and natural resource statutes potentially applicable in federal permitting contexts.
