National Environmental Policy Act

With one of the oldest and largest environmental practices in the world, Hunton Andrews Kurth has shaped the very principles at the foundation of our nation’s environmental laws and regulations, including those relating to the first federal environmental law — the National Environmental Policy Act (NEPA). We draw on our 50 years of broad-based experience with major federal environmental laws to assist clients in navigating the NEPA process to obtain and defend federal approvals for projects while keeping clients apprised of ever-evolving policy and regulatory changes.

NEPA, and analogous state laws, such as the California Environmental Quality Act (CEQA), require a thorough understanding of environmental law on federal, state and local levels. Our attorneys have significant experience advising on comprehensive environmental matters across the nation, including those related to the Clean Water Act (CWA), Clean Air Act (CAA), Rivers and Harbors Act (RHA), Endangered Species Act (ESA) and National Historic Preservation Act (NHPA). We bring that experience to bear in working with clients to navigate the NEPA and CEQA review processes, including compliance strategies, preparing permit applications, working with agencies to develop environmental impact review documents, as well as managing regulatory proceedings with respect to permit applications, public comment and review process, and receiving and responding to public agency comments. We help clients ensure the agencies have a strong administrative record for environmental reviews and permit decisions, anticipating, preparing for, and avoiding potential challenges, and, where necessary, representing clients in litigation to defend permits and NEPA analyses. Our broad aim is to help clients satisfy NEPA and related legal requirements while facilitating timely completion of their projects.

Hunton regularly represents industry groups and individual businesses or organizations participating in rulemaking and regulatory processes to provide support for regulatory language and policies that balance competing demands on the nation’s valuable environmental and natural resources with clients’ needs and goals to advance economic progress. Our environmental team taps into our deep-rooted relationships within the key agencies to assist clients with projects across the country, many of which include NEPA, ESA, and NHPA, as well as CEQA and analogous state law issues. Furthermore, our proximity of a large number of our firm’s environmental lawyers to the nation’s seat of power facilitates our involvement in rulemaking in Washington, DC, including with the Council on Environmental Quality (CEQ), Environmental Protection Agency (EPA) and the Army Corps of Engineers (Corps), and allows us to act first in helping clients respond to arising compliance and regulatory changes put forth by these agencies.  Beyond the nation’s capital, our lawyers in Texas, California, and elsewhere offer perspectives tailored to their specific locations, providing insights specific to client concerns and local agency requirements. 

Our firm recognizes the ways in which NEPA was structured to advise our government and the public on the possible environmental impacts of our client’s projects. We regularly represent and advise clients across myriad economic sectors, including mining and fertilization companies, energy and power industry leaders, transportation companies, oil and pipeline operators, as well as liquid natural gas and coal export developers, in navigating the complex NEPA and analogous requirements. To effectively tackle and possibly avoid the potential challenges that could arise during these projects, our attorneys take the time to guide their clients through the necessary steps associated with NEPA’s procedural requirements and work alongside clients to reach their project goals that may be subject to NEPA and other environmental review.