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Best Practices in NEPA Mitigation

OnDemand Webinar (94 minutes)

Understand the essential role in crafting compliant mitigation programs and how adaptive management frameworks are being used.

The National Environmental Policy Act (NEPA) was enacted to promote efforts that will prevent or eliminate damage to the human environment. Mitigation measures can help to accomplish this goal in several ways. Many Federal agencies and applicants include mitigation measures as integral components of a proposed project's design. Agencies also consider mitigation measures as alternatives when developing Environmental Assessments (EAs) and Environmental Impact Statements (EISs). This topic will help impact assessment practitioners understand the key role of mitigation in the NEPA process, and the key regulatory requirements for creating effective mitigation measures. The material will explain how monitoring plays an essential role in crafting compliant mitigation programs, and how adaptive management frameworks are increasingly being used by federal agencies in crafting their mitigation and monitoring programs. This information is critical for NEPA practitioners seeking to understand the proper role of mitigation in the impact assessment process and the most effective way of using mitigation and monitoring in a legally-compliant manner.


Michael D. Smith, Ph.D., ENERCON


The Importance of Mitigation in the NEPA Process

• Regulatory Requirements for Mitigation

• Key Mitigation Guidance Documents

• Interrelationship Between Mitigation, Alternatives, and Project Design Features

• Public Involvement for Mitigation

The Five Main Types of Mitigation

• Definitions/Application of Avoidance; Minimization; Rectification; Reduction; and Compensation

• Different Types of Compensatory Mitigation

• Creating Effective and Compliant Mitigation Measures

• Case Law on NEPA Mitigation

The Use of Mitigation in the Environmental Assessment (EA) Process

• Early Controversy Over the Use of Mitigation for EAs and Fonsis

• Federal Court Rulings on the Use of Mitigated Eas and FONSIs

Monitoring Mitigation Measures

• The Different Types of Monitoring

• Identifying Key Players and Roles in Monitoring

• Monitoring and Supplemental NEPA Analysis

Mitigation and Adaptive Management

• The Interrelationship Between Mitigation Monitoring and Adaptive Management

• Legal Issues With the Use of Adaptive Management in the NEPA Process