NEPA, ESA and Fundamentals of Environmental Law (ELI Summer School, 2021)

NEPA, ESA and Fundamentals of Environmental Law The oldest major environmental statutes in the United States have existed for more than four decades. This session serves as an introduction to the framework of environmental law and also highlights two of its major statutes. The National Environmental Policy Act (NEPA) was enacted to establish a national policy and means for carrying out protective environmental principles. NEPA also established the White House Council on Environmental Quality (CEQ) to ensure federal agencies meet their obligations under NEPA. Under the previous administration, amendments and updates to NEPA focused on the environmental review process in order to streamline the process and reduce long wait times. However, the Biden administration’s newly appointed leadership on the Council on Environmental Quality (CEQ), has signaled a priority of reinstating NEPA’s former process, along with boosting requirements on issues such as climate change, and potentially considering incorporating health assessments into the NEPA process. The Endangered Species Act (ESA) is the principal law for the protection of endangered species. Administered by the U.S. Fish and Wildlife Service (USFWS) and the Commerce Department's National Marine Fisheries Service (NMFS), ESA protects and recovers imperiled species deemed either “endangered” or “threatened” and the ecosystems that they depend on. This session serves as an introduction to the fundamentals of environmental law and highlights these two major statutes: the National Environmental Policy Act (NEPA), known as the "Magna Carta" of environmental law the Endangered Species Act (ESA), known as the “pit bull” of environmental law Panelists: Marna McDermott, Assistant General Counsel, Environmental Policy, Exelon Moderator Jim McElfish, Director, Sustainable Use of Land Program and Senior Attorney, Environmental Law Institute Bryan C. Williamson, Associate, Akin Gump