Effective Cooperation: Strengthening County Participation in NEPA

Description

This one-day workshop is tailored specifically for county commissioners, planners, and local leaders to build a clear and actionable understanding of the National Environmental Policy Act (NEPA) from a statutory perspective. With the withdrawal of CEQ regulations, this training refocuses on NEPA’s core legal requirements and how counties can meaningfully participate in the environmental review process. The course emphasizes how NEPA affects local land use, infrastructure projects, and community planning, while equipping counties to engage effectively as cooperating agencies, submit substantive comments, and protect local priorities.

Objectives

Upon completion of this workshop, participants will be able to do the following:

• Understand NEPA’s purpose and statutory structure, and how it governs federal decision-making.

• Recognize the types of NEPA review—Categorical Exclusions (CXs), Environmental Assessments (EAs), and Environmental Impact Statements (EISs)—and how each may affect county-level projects.

• Define the legal and strategic roles counties can play as cooperating agencies, especially when asserting jurisdiction or special expertise.

• Draft legally substantive and strategically useful public comments to influence NEPA outcomes.

• Navigate consistency review processes and align county plans with federal decision-making.

Content

We tailor each session to the needs of the participants. The basic format of this interactive workshop includes the following components:

Unit 1: NEPA Foundations and Review Pathways

• Purpose and structure of NEPA as a statute

• The role of NEPA in federal decision-making and how it intersects with local government interests

• Overview of Categorical Exclusions, Environmental Assessments, and Environmental Impact Statements

• How counties can anticipate which level of review a project will trigger and what that means for timelines and involvement

Unit 2: County Governments as Cooperating Agencies

• What to expect when serving as a cooperating agency: roles, responsibilities, and limitations

• Legal basis for asserting “jurisdiction or special expertise” under NEPA

• What information counties must or may provide, and what they should avoid sharing prematurely with constituents

• How to maintain credibility, confidentiality, and influence during the NEPA process

Unit 3: Commenting, Consistency Review, and Influence Strategies

• How to draft substantive, focused, and legally effective public comments that impact agency decision-making

• What is consistency review?—Definition, legal foundations, and how it functions in federal environmental decision-making

• Federal requirements for addressing consistency with local plans and land use policies

• What counties can do to help agencies be consistent: strategies for submitting local ordinances, comprehensive plans, and guidance at the right time and in the right format

• Tools for demonstrating jurisdiction and special expertise to reinforce consistency claims

• Case examples of counties using consistency arguments to shape federal project outcomes

• Final checklist: how to put your best foot forward in the NEPA process

Audience

This training is designed for:

• County commissioners

• County planning and development staff

• Legal counsel supporting county environmental reviews

• Local leaders responsible for infrastructure, natural resource planning, or community development

Process

This is an interactive workshop that combines lecture, discussion, and hands-on exercises to ensure a comprehensive understanding of the NEPA process. The workshop consists of the following components:

• 60% Lecture

• 20% Discussion

• 20% Exercises and Case Studies

Materials

Participants will receive the following:

• A detailed student reference manual

• Case study handouts

• Supplementary materials outlining best practices for NEPA compliance at the county level