Concurrent Sessions VII | May 1 | 8:00 AM – 9:30 AM

The panel is based on a paper that reviews substantive National Environmental Policy Act (NEPA) cases issued by United States Courts of Appeals in 2024. The implications of the decisions and relevance to NEPA practitioners will be explained. This session will summarize the more detailed paper prepared for this session. The paper briefly explains, with an emphasis on the substantive NEPA findings, each opinion issued by the U.S. Court of Appeals. The paper identifies statistics regarding the NEPA appellate opinions, such as twelve-year record of NEPA cases, organized by circuit, and by year. The paper also identifies the agencies involved in each case and presents statistics relevant to the agencies; the paper further identifies the prevailing ratio of federal agencies, including by agency and by document type (categorical exclusion, environmental assessment, environmental impact statement).

The paper analyzes the trends in the court opinions involving NEPA for 2024, with an emphasis on substantive NEPA practice, and by grouping of the cases. Each court opinion is paraphrased and organized in a manner easy to read for practitioners to find the court's ruling. Appellate opinions are grouped and analyzed by agency. Past trends include challenges to purpose and need, alternatives considered, public comment, scientific impact assessment methodologies, GHG emissions and climate change impact assessment, incomplete or unavailable information, determination of significance, segmentation, duty to supplement, connected actions, federal actions, cumulative impact assessment, mitigation, monitoring and adaptive management. Suggestions for improving the implementation of the NEPA process and to meeting current challenges are offered, looking ahead to the future with renewed emphasis on one of the world's oldest and most forward-looking environmental laws.

Learning Objectives

• Gain knowledge of NEPA Case Law Trends at the Federal Appellate Level from 2024
• Understand common pitfalls and best practices as represented in the 2024 cases
• Improve NEPA practice through the understanding of accepted impact assessment practices, as interpreted by the Federal Appellate Courts

Fred Wagner, JD, University of Virginia School of Law
Principal Environmental Advisor, Environmental Solutions
Jacobs

Fred Wager focuses on environmental and natural resource issues, associated with major infrastructure, mining, and energy project development. Fred was appointed Chief Counsel of the U.S. Federal Highway Administration (FHWA) during the Obama administration. Fred began his career as a trial attorney in the Environment Division of the U.S. Department of Justice. He also served as a special assistant U.S. attorney in the Misdemeanor Trial Section of the U.S. Attorney's Office for the District of Columbia. Prior to joining Jacobs, Fred spent more than 25 years in private practice in two national law firms, focusing on all aspects of environmental and natural resources law. He routinely defended project permits and approvals in federal court, including at the U.S. Supreme Court.

Pam Hudson
Title
Organization 

Speaker Bio.

Melanie Hernandez, Esq., CEP
Vice President, Co-Founder, Senior NEPA Project Manager
Scout

Melanie Hernandez is a licensed attorney and the co-founder and Vice President of Scout, an environmental and engineering company headquartered in San Diego, CA. With over 20 years in NEPA and environmental law, she leads as a senior NEPA project manager, serving clients like the Navy, Marine Corps, Air Force, Army, and the Coast Guard. Her expertise includes managing multidisciplinary NEPA teams for projects involving new military systems, construction, and public land access.

Her responsibilities also extend to developing training on environmental laws including the Clean Air Act, Clean Water Act, National Historic Preservation Act, Executive Order 12114, and more. Prior to Scout, she led some of the most complex Environmental Impact Statements for the Marine Corps in the Pacific and Japan, where she lived for five years. Melanie holds a B.S. from Andrews University and a J.D. from George Washington University Law School, and is admitted to the bar in Maryland and D.C.

Bilal Harris
Attorney-Advisor
Federal Highway Administration’s (FHWA)

Bilal Harris is an attorney-advisor with the Federal Highway Administration’s (FHWA) South Field Legal Services Division in Atlanta, Georgia. He works with FHWA Division Offices in twelve southern states on a variety of environmentally related legal matters arising under the National Environmental Policy Act of 1969 (NEPA), with a focus on reviewing environmental documents for transportation projects and litigation.

Prior to joining the FHWA, Mr. Harris worked in private practice where he worked on complex legal issues under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), Clean Air Act, Clean Water Act, PFAS liability, standing, the Georgia Hazardous Site Response Act and the Endangered Species Act. Mr. Harris also worked as an attorney with the United States Environmental Protection Agency’s Region 4 Office of Regional Counsel as Associate Regional Counsel providing legal counsel on complex legal issues under CERCLA, and support to Region 4’s Superfund Division on matters of federal, state and local laws.

Mr. Harris obtained a B.A. in Anthropology from the University of Georgia and a J.D. from the Howard University School of Law.

Vulnerability is the degree to which a system is susceptible to adverse effects, including climate variability and extreme weather events. Flooding related to rain events and high tides often cause disruptions to daily life in Beaufort County SC, and it has become a priority to implement more resiliency into the current infrastructure. This roadway vulnerability analysis used geospatial modeling tools to evaluate public roadways throughout the County to determine which roads are most vulnerable to Sea Level Rise (SLR) and extreme weather events based on existing conditions and predicted SLR change into the year 2100. The vulnerability assessment assigns each roadway segment a score based on factors that adversely impact the functionality of the road. The criticality assessment ranks each roadway based on the impact the adverse effects have on the community. The study will be presented as a web mapping application and accompanying website for County staff and the public to review the results. As part of the Beaufort County Long-Term Resilience Strategy, the County will utilize the results to inform future comprehensive plan updates and to develop strategies to improve readiness for a changing climate. This study's outcomes will provide data-oriented priorities for selecting which roadways should be adapted to reduce flood vulnerabilities in the future.

Learning Objectives

Coming soon.

Katelyn Cline
GIS Analyst
HDR 

As a member of HDR’s Data Solutions team, Katelyn has worked on projects across disciplines such as environmental, power, and transportation. Specific projects include data management for several large-scale solar projects in Georgia and South Carolina; siting analysis for a large transportation facility in North Carolina; and the sea level vulnerability analysis in Beaufort County, SC. Katelyn developed ModelBuilder scripts, ArcGIS Online web applications, and data-driven map series and photo logs to support clients and build expertise for the GIS team.

Cameron Weathers
Hydraulics Engineer
HDR

Throughout his career, Cameron has specialized in providing hydraulic design for transportation projects in the South Carolina Lowcountry. He has performed the stormwater design for the SC Route 41 Roadway widening in Mt. Pleasant, SC and the sea level vulnerability analysis in Beaufort County. He has been involved in a variety of engineering projects in the field of hydrologic and hydraulic studies, including pre vs post rainfall runoff analyses, watershed modeling, and open channel hydraulics. He has experience in detention design, roadway drainage, and watershed planning and has worked on projects with SCDOT, FHWA, and multiple municipalities and counties.

Many South Carolina coastal communities, including beach front communities, are affected by sea level rise (SLR) and increasing extreme tides ("king" or perigeal tides). These conditions cause "sunny day" flooding by pushing tidal waters into uplands via tidal creeks and the drainage systems that connect to them. Rainfall-driven flooding is also exacerbated during coincident high tide and extreme rainfall events (generally associated with tropical events). Affected South Carolina coastal communities have struggled to identify effective and implementable projects to address these conditions while protecting the functionality of adjacent saltwater marshes and water bodies (i.e. critical areas).In some specific situations, a muted tide gate, sometimes referred to as a self-regulated tide (SRT) gate, is a potential solution. These gates can be installed at "pinch points" (with appropriate ground elevations) and regulate excessive tides farther inland. The gates allow normal tides to pass in and out (preserving the saltwater marshes or water bodies that lie inland). But during excessive tides, the gates close to prevent tide waters from inundating adjacent lands or backing up into connecting drainage systems and flooding adjacent roads and other infrastructure.

Learning Objectives

• This presentation will discuss the need for these tide gates, the potential configurations of the gates, the conditions conducive to their application, and the design and construction of the gates and associated infrastructure.
• The presentation will highlight two current projects under design and permitting.
• The presentation will discuss the study, design, permitting challenges, and anticipated construction of the two projects.

Richard Karkowsiki
Principal/Water Resources Manager
Thomas & Hutton 

Speaker Bio.

Hillary Aton
Principal/Project Manager
Thomas & Hutton 

Speaker Bio.

Joshua Hoke, PWS
Senior Environmental Scientist
Terracon Consultants 

Speaker Bio.

As the impacts of climate change become more apparent, the need for frontline communities to advance preparedness and build capacity continues to grow. The North Carolina Resilient Coastal Communities Program (RCCP) serves as the focal point for this session, highlighting the lessons learned, challenges overcome, and the collaborative, iterative process between consultants and local communities that has been central to its success. Presenters from the NC Division of Coastal Management and participating consultants will share their experiences and encourage attendees to join the discussion, contributing insights and drawing parallels to effective practices in similar efforts nationwide.We will provide specific examples from the program, highlighting successful partnerships formed between participants, such as technical service providers and councils of government, to illustrate how relationship-building and connectivity serve as key drivers of capacity building.

Additionally, this presentation will underscore the importance of local champions and trusted community leaders in advancing resilience efforts. Drawing from real experiences, we will emphasize the significance of flexibility and iteration in program development. We will also discuss how cyclical funding supports continuous learning and enables communities to adaptively pursue resilience projects at their own pace, setting them up for success in their overarching resilience goals.In addition to elements of program structure, we will explore how states, through programs like the RCCP, can assist low-capacity communities with grant applications and contracting, fostering stronger local relationships and enhancing program outcomes while advancing equity in resilience funding. The session will address the concept of "bridging," which connects local communities with state agency resources and support systems, facilitating effective communication and collaboration. We will highlight the crucial role of the Division of Coastal Management as a partner rather than a regulatory body in helping local governments access resources.

Additionally, we will consider distinct approaches required for resilience and adaptation planning in rural communities, such as simplifying application processes, minimizing demands on community resources, and meeting communities where they are in their resilience planning journey.Finally, this presentation will examine the legacy of the RCCP, emphasizing the importance of providing resources like resilience strategies' living documents that offer a comprehensive overview of risk and vulnerability and serve communities over time. Our focus will be on how participating communities can carry their work forward to access supplemental funding and proactively address persistent and worsening coastal hazards, such as sunny-day flooding and coastal erosion.Join us to explore how iterative program development, local partnerships, and innovative engagement strategies can build resilient communities equipped to face future challenges.

Learning Objectives

• Explore how iterative program development, local partnerships, and innovative engagement strategies can build resilient communities equipped to face future challenges
• Share specific examples and lessons learned from the NC Resilience Coastal Communities Program
• Discuss themes and effective practices from similar efforts nationwide

Kasen Wally, Ms.C.
Coastal Resiliency Specialist
N.C. Division of Coastal Management

Kasen is the Coastal Resiliency Specialist for the North Carolina Division of Coastal Management, located in Morehead City, NC. Alongside his colleagues in the Policy and Planning section, Kasen helps to manage the NC Resilient Coastal Communities Program, which provides technical and financial assistance to vulnerable communities in North Carolina that seek to increase their resilience to coastal hazards. Kasen has a bachelor's in Environmental Science from Western Carolina University and a master's in Natural Resource Management from Auburn University with a focus on coastal ecosystems and adaptive governance.

Meg Perry, M.E.M.
Lead Environmental Planner
SWCA Environmental Consultants 

Meg Perry is a stakeholder engagement specialist and project manager with SWCA Environmental Consultants. She has dual expertise in environmental planning and facilitation. As a project manager, she leads coastal resilience and watershed planning projects, with a focus on the Southeastern U.S., and she serves as a facilitator for a variety of other projects nationwide. Her clients and partners include community organizations, companies, non-profits, and government at the local, state, and federal levels. She earned a Master of Environmental Management from the Nicholas School of the Environment at Duke with a certificate in Community Based Environmental Management, and a Bachelor of Arts in Biology from Swarthmore College. Born and raised in North Carolina, Meg currently lives in Durham.

During a water crisis, trust is a crucial factor in communicating with residents about the safety of their tap water. Failures by US community water systems to deliver safe drinking water are more likely to impact low-income and minority communities, populations less likely to trust official sources. My research examines the trust in sources of information on tap water quality in two communities that have experienced water crises. Surveys were conducted in Newark, New Jersey, and Watts, California, to assess residents' tap water consumption behaviors, motivations for not drinking tap water, trusted sources of information, and communication preferences. Key findings reveal that residents in both communities demonstrate less trust in tap water than the national average. Notably, community organizations and activists emerged as the most trusted sources of information.

Statistical analysis indicates a significant relationship between receiving information from a source and trusting that source, highlighting the importance of regular communication from responsible organizations. Recommendations for municipalities and water utilities emphasize the importance of timely and clear communication with residents during water quality issues, partnering with trusted community organizations, and providing accessible information to build trust. Community organizations are encouraged to collaborate with government entities to disseminate information and expand their water quality programs. National organizations should involve local community groups when implementing solutions or funding remediation efforts.

Future research should explore the impact of frequent and understandable communication from water utilities on resident trust and investigate interventions by community organizations that could improve health outcomes by increasing confidence in tap water and promoting healthier water consumption behaviors. This study provides valuable insights into community perceptions and behaviors surrounding tap water quality and offers actionable recommendations for improving communication and trust during water crises. By addressing these factors, municipalities, utilities, and community organizations can work together to ensure residents have access to safe drinking water and the information they need to make informed decisions about their water consumption.

Learning Objectives

• Discuss the challenges and opportunities of using a community-based participatory research approach for data collection and engagement with minority and low-income communities on issues related to climate change and environmental justice.

Jaron Rothkop
Founder & Director
The Water Genome

Jaron Rothkop is the director of thewaterbox.org, a program that provides safe drinking water to at-risk communities. He founded The Last Kilometer and co-founded The Water Genome, two charities focused on climate adaptation solutions for low-income communities. Jaron is a graduate of the University of Michigan School for Environment and Sustainability.

As environmental justice (EJ) awareness has grown, the Federal government and individual states have taken actions to incorporate EJ considerations into their determinations for spending, permitting, and other efforts. In response, many states have developed or in the process of developing mapping and other tools that support their specific requirements and definitions. The metrics used vary widely from state to state, with most focusing on minority and low-income populations. Some states also consider limited English proficiency, health considerations, and/or environmental burdens. With the array of data available and variations in EJ definitions and thresholds, it can be challenging to determine the best tool or data set to use when identifying potential EJ communities.

Ultimately, the "right" tool will vary by project, location, and the goal of the EJ evaluation.In response to a growing need to understand state and federal data in one comprehensive environment, EJ and Geospatial professionals from TRC Companies, Inc. designed an Esri-powered mapping tool called AnalyzEJ, which evaluates EJ factors at the Census block group level across the United States. The presenters for this session will highlight the latest update of TRC's AnalyzEJ, which provides data-based reporting of statistics to supplement qualitative analysis of potential project sites, as well as visual representation of demographic patterns in relation to project areas.

Learning Objectives

TRC's EJ professionals, in collaboration with our GIS team, designed AnalyzEJ to provide our clients with critical insights to effectively address EJ concerns. AnalyzEJ enables the creation of customized maps by incorporating additional layers tailored to the specific requirements of our clients. AnalyzEJ's flexibility allows for critical data to be viewed from various perspectives. The tool incorporates additional data layers, such as US EPA EJScreen information and the Council on Environmental Quality's Climate and Economic Justice Screening Tool for Disadvantaged Communities, supporting the Justice40 initiative and various state and local efforts. At the tract level, AnalyzEJ includes data on travel time to work, vehicle access, household internet connectivity, and disability status.

We regularly update AnalyzEJ with new data releases to ensure it remains a comprehensive and current resource for EJ analysis. TRC's EJ and GIS professionals that designed and created AnalyzEJ will present on the drivers behind the creation of the tool, and how it is used to support our clients in planning and decision-making around Environmental Justice issues. Geospatial solutions play a crucial role in advancing environmental justice planning. Through the visualization of data, these solutions facilitate the understanding of complex environmental issues, allowing stakeholders to pinpoint areas in need of intervention. We will discuss how the accessibility of this data brings value to our clients and improves our work around Environmental Justice. Presenters will provide a demo of the tools and discuss ongoing decisions around data inclusion and tool modifications.

Diane Reilly
Director of Economics and Environmental Justice
TRC Companies

Ms. Reilly is the Director of Economics and EJ at TRC and serves as the Lead for the EJ CORE Team, a multidisciplinary team promoting technical excellence, working at the forefront of emerging challenges and solutions, and contributing to the technical advancement of our professional, client, and academic communities. She has over 25 years of experience performing EJ, socioeconomic, and economic analyses in accordance with NEPA and for permit applications in support of federal and state requirements. As part of her EJ analyses, Ms. Reilly works closely with TRC's GIS staff to analyze demographic and environmental data for varying levels of geography.

Greg Studwell
Sr. GIS Consultant
TRC Companies

Mr. Studwell has wide experience with geospatial data including environmental justice analysis data, environmental and socioeconomic burdens, FEMA flood hazard areas, soils data, climate and environmental sustainability, seismic and landslide risk and other geologic data, slope modeling, and environmental constraints. He compiles data including state environmental justice areas, demographics data, language identification, community resources, and environmental burden mapping to help illustrate additional, potential, and cumulative environmental burdens to the community.

Amber Horrie
GIS Director
TRC Companies

Amber is the Technical Director of GIS Services, leading a group of geospatial and visualization experts. Amber and her team bring diverse experience in the development of data visualization tools to inform planning and decision making. Her experience includes geospatial analysis, database management, technical training for staff at all levels, and building community and stakeholder collaboration around geospatial technologies. She has created public facing geospatial applications in support of a variety of environmental projects. Amber has a thorough understanding of the technical workings of GIS and its capabilities and has worked with clients over the years to create efficiencies and innovative solutions to data management and GIS workflows.

Transportation environmental practitioners are often familiar with the Federal Highway Administration (FWHWA) Type I projects, such as roadway widening efforts, but Type II projects are not as common. Type II projects are used to retrofit existing highways to reduce noise levels where they might exceed state departments of transportation noise levels. This presentation will provide an overview of Type II programs, examples of Type II projects implemented by various states departments of transportation historically and more recently, some challenges with implementing a new program, and how Type II programs can be used to address equity issues.

Learning Objectives

• Provide an overview of Type II programs
• Show how these programs can be tailored to help with equity issues

Scott Noel, AICP, INCE
Director
HMMH

Scott Noel is the Director of HMMH's Surface Transportation group, focusing on project management and business development for the firm's surface transportation practice. He has extensive experience leading environmental noise, vibration, and air quality modeling and analysis in support of freight rail, transit, and roadway projects. He has conducted community outreach meetings and has worked with state and local governments evaluating land use plans and zoning ordinances. Mr. Noel assists with the preparation of various federal, state, and local environmental permitting efforts, such as those to demonstrate compliance with the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA).

Description coming soon.

Speaker information coming soon.

Speaker information coming soon.

Speaker information coming soon.

Terracon' s presentation will provide an overview on how the location intelligence software, Pivvot (proprietary to Terracon), is being used to perform desktop environmental reviews to streamline siting & permitting needs within the Digital Infrastructure, Renewable Energy and Commercial sectors. Terracon will demonstrate how Pivvot expedites the environmental and historic preservation review process for policies such as the National Environmental Policy Act (NEPA), Section 106 of the National Historic Preservation Act (NHPA), Section 7 of the Endangered Species Act, and Section 404 of the Clean Water Act, predicting the permitting complexity of a project using hundreds of state and federal databases. Utilizing Pivvot, environmental and historic resources can be identified and impacts potentially avoided or minimized to reduce permitting load and simplify the environmental compliance process for stakeholders. Terracon will discuss how location intelligence improves project implementation by informing stakeholders where additional information will need to be collected on site and how a project may be optimized to streamline permit requirements.

Learning Objectives

Upon completion, participants will be able to define location intelligence and describe the different federal environmental and historic preservation reviews necessary to implement a project in the United States, explain the importance of geospatial data in the siting/permitting process for a new project, and list additional permitting requirements that may be required at the state/local level.

Ben Browning
Staff Scientist
Terracon Consultants 

Speaker Bio.

Woo Smith
NEPA Division Lead
Terracon Consultants 

Speaker Bio.