Replay available from our video archive

The 19th Annual Intensive One-Day Programr on


A deep dive into NEPA modernization and what should be kept from the re-write, the role for substantive SEPA, and Ecology's proposed GAP rule

Presented on January 22, 2021

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Program Overview

Who Should Order

Attorneys, land use planners, real estate and environmental professionals, consultants, and governmental regulatory officials

Why You will Benefit from the Replay

For our 19th annual advanced SEPA/NEPA program, we want to have a broad discussion of whether the Biden Administration should keep some of the Trump Administration's new NEPA regulations. As we discussed last year, the Trump Administration's changes were the most significant in the history of NEPA. We'll take a detailed look at the proposed changes from a variety of viewpoints. Even if you disagreed with some of the changes, you might agree that some streamlining and clarification of NEPA would be good.

We include our annual SEPA and NEPA case law updates, which are a very useful way, even for people who regularly read the decisions, of tying the pieces together and condensing the trends. Owen Schmidt discusses NEPA, and Katie Kendall discusses the significant Washington SEPA cases plus a legislative changes.

Recent decisions regarding marine terminals have put a spotlight on SEPA's substantive authority as well as its procedural requirements. Our panel will debate SEPA's appropriate role in addressing global greenhouse gas emissions, Ecology's rulemaking, and the precedent that the marine terminal cases may create for SEPA review of other projects

We carry on the tradition of an interactive program so that you can contribute your own ideas and have your specific questions answered. We hope you will join us for what promises to be a very lively discussion.

~ Rodney L. Brown, Jr., Esq. of Cascadia Law Group and Patrick J. Schneider, Esq. of Foster Garvey, Program Co-Chairs

What You Will Learn

  • NEPA case law and policy developments
  • How we can streamline the NEPA process while still achieving the environmental protection goals
  • Judicial and Board SEPA decisions
  • SEPA legislative update
  • Ecology's GAP (Greenhouse Gas Assessment for Projects) rule
  • SEPA's role in addressing greenhouse gas emissions

What Participants Said

  • "I am not a legal practitioner but always learn a great deal from these seminars"
  • "Pretty fascinating stuff; I'll definitely be back"
  • "Excellent faculty - great audience interaction"
  • "Enjoyed the topic of SEPA appeal process and ways to make it better."

Friday, January 22, 2021

9:00 am

Introduction & Overview

Rodney L. Brown, Jr., Esq. , Program Co-Chair
Cascadia Law Group / Seattle, WA

Patrick J. Schneider, Esq. , Program Co-Chair
Foster Garvey / Seattle, WA

9:15 am

NEPA Case Law and Policy Developments

Update on recent NEPA cases and federal administrative policy changes

Owen L. Schmidt, Esq.
Owen L. Schmidt LLC / Portland, OR

10:00 am

NEPA Modernization: Are There Elements of the Trump Administration's NEPA Re-Write that We Should Keep?

Perspectives on how we can streamline the process while still achieving environmental protection goals

Owen L. Schmidt, Esq. , Moderator
Owen L. Schmidt LLC / Portland, OR

Stephen Odell, Esq.
Marten Law / Portland, OR

Matthew Adams, Esq.
Kaplan Kirsch & Rockwell / San Francisco, CA

Heather Page , Principal Environmental Planner
Anchor QEA / Seattle, WA

11:00 am


11:15 am

SEPA Updates

Judicial and Board decisions; 2020 legislative activity and what to expect for 2021

Katie Kendall, Esq.
McCullough Hill Leary / Seattle, WA

11:45 am

Substantive SEPA: What Role is It Playing, What Role Should It Play, And What Kind of Precedent is Being Set by the Marine Terminal Cases?

Evolving case law including marine terminal cases, SEPA's appropriate role in addressing greenhouse gas emissions, and Ecology's proposed GAP rule (Greenhouse Gas Assessment for Projects)

Jay P. Derr, Esq.
Van Ness Feldman / Seattle, WA

Evolving case law including marine terminal cases, SEPA's appropriate role for addressing greenhouse gas emissions, and Ecology's proposed GAP rule (Greenhouse Gas Assessment for Projects)

Douglas E. Jensen, Esq. , Chief Civil Deputy
Cowlitz County Prosecuting Attorney's Office / Kelso, WA

1:00 pm

Evaluations and Adjourn

Faculty Bios

Rodney L. Brown, Jr., Rodney L. Brown, Jr., Program Co-Chair, is a partner at Cascadia Law Group. He focuses on environmental and land use law relating to natural resources, transportation megaprojects, energy and other project permitting.

Patrick J. Schneider, Patrick J. Schneider, Program Co-Chair, is a Principal at Foster Garvey. He advises developers on land use entitlement and litigation strategies. He previously served as lead land use attorney for the City of Seattle and a senior land use attorney for King County.

Matthew Adams is a partner at Kaplan Kirsch & Rockwell. He focuses on environmental issues related to energy, transportation, infrastructure, and natural resource development projects.

Jay P. Derr, Jay P. Derr, partner at Van Ness Feldman, guides both public and private sector clients to progress their projects through to completion. He balances various factors and considerations to successfully negotiate the appropriate scope of SEPA and NEPA environmental review and mitigation.

Douglas E. Jensen is the Chief Civil Deputy for Cowlitz County Prosecuting Attorney's Office.

Katie Kendall Katie Kendall is a partner at McCullough Hill Leary. She counsels clients on all aspects of land use law, including zoning compliance, master plans, shoreline issues, critical areas, impact fees, vesting strategies, design review, Development Agreements, code amendments, and rezones. She also litigates zoning and permit related appeals before Hearing Examiners, City Council, and state courts.

Stephen Odell Stephen Odell is a partner at Marten Law. He joined Marten after serving as an Assistant U.S. Attorney in the District of Oregon, where he handled many of the District's most consequential and controversial environmental disputes during the last two decades.

Heather Page Heather Page is Principal Environmental Planner at Anchor QEA. She manages environmental documentation for a variety of complex projects with a focus on infrastructure within or adjacent to aquatic systems.

Owen L. Schmidt, Owen L. Schmidt, Owen L. Schmidt LLC, a former Senior Counsel to the U.S. Department of Agriculture, is known for his NEPA expertise. He advised the Forest Service, Natural Resources Conservation Service, and other USDA agencies in Washington and Oregon.

Continuing Education Credits

Live credits: This program qualifies for 3.5 WA MCLE, 3.5 AICP planner, and 3.5 ABCEP environmental professional credits. Upon request, we will help you apply for CLE credits in other states and other types of credits.

I appreciate LSI's seamless segue from registration, an informative seminar, to end result.