One of the most interesting and challenging areas of environmental law and litigation is NEPA work - under the federal statute or state little-NEPA programs.  Among other things, the NEPA process can be used by citizen groups to challenge major projects requiring a federal permit (or certain projects permits in states with little-NEPA statutes).   RWCS attorneys are highly experienced with Environmental Impact Statements (EIS) and Environmental Assessments (EA), or their state-equivalents, having done work on these in Oklahoma, Missouri, Texas, Montana, and other states, both for private applicants and the federal government.

Perhaps the most significant NEPA case in which RWCS has been involved was the Lee Island project in Missouri.  RWCS helped the applicant take that case through the permitting process and subsequent litigation.  Keith Klein drafted an EA for submission to the Army Corps of Engineers) that was 84 single-spaced pages long, based on more than 30 studies, and for all intents and purposes the equivalent of an EIS in content if not procedure.  (See link for the published version of that EA, but note the stilted language was added by the agency!)  The EA involved virtually every environmental subject area, including air pollution, water quality, land reclamation, cultural resources, and endangered species. The EA was upheld on cross-motion for summary judgment by the U.S. District Court for the Eastern District of Missouri.  The case illustrated the value of including legal counsel in the NEPA process, especially where litigation is anticipated.

RWCS attorneys, including Keith Klein, Steve Jantzen, Mark Coldiron, Don Shandy, and Paula Buchwald are experienced in NEPA matters involving US Air Force activities, the US Army Corps of Engineers, various Departments of Transportation, oil and gas pipelines, and electric transmission lines.