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NEPA

Davis Graham & Stubbs LLP assists clients in effectively participating in all phases of the National Environmental Policy Act (NEPA) process. Our services range from counseling clients on influencing federal decisions through participation in NEPA’s public comment process, to bringing and defending administrative challenges to agency decisions, to litigating NEPA matters in federal courts throughout the country. Davis Graham regularly represents clients proposing projects that require resort to the NEPA process, including oil and gas, coal, hard rock mining, real estate development, and water supply projects. Our clients on NEPA matters include many natural resource companies operating throughout the country including major oil and gas exploration and production, coal, and hard rock mining companies as well as industry trade associations, government entities, and tribes.

Navigating the requirements of NEPA demands both technical precision and strategic foresight. At Davis Graham, our attorneys help clients manage the complexities of federal environmental review processes while advancing project timelines and minimizing risk. We work with developers, energy companies, and infrastructure providers to guide projects through every phase of NEPA compliance.

Our team provides comprehensive support in preparing and reviewing key NEPA documents, including environmental assessments (EAs) and environmental impact statements (EISs). We collaborate with environmental consultants, engineers, and project stakeholders to develop compliant and defensible analyses. From identifying potential environmental impacts to developing mitigation strategies, our approach is grounded in both legal rigor and practical implementation.

Early planning is critical under NEPA, and we assist clients in structuring projects to avoid delays and reduce exposure to administrative and judicial challenges. This includes advising on the development of alternatives, scope of environmental analysis, and necessary public involvement. We also coordinate with federal agencies such as the Bureau of Land Management, U.S. Forest Service, and the U.S. Army Corps of Engineers, ensuring that agency-specific procedures are followed and approvals are obtained efficiently.

In addition to compliance and advisory services, Davis Graham attorneys regularly represent clients in NEPA-related disputes and litigation. Challenges to environmental reviews can significantly impact project timelines and costs, and our team is prepared to defend agency decisions or advocate for clients when reviews fall short of legal requirements. We bring extensive experience in administrative law and environmental litigation, allowing us to craft effective arguments and pursue favorable outcomes in complex cases.

NEPA compliance often intersects with other environmental statutes and regulatory frameworks, including compliance with the Endangered Species Act and National Historic Preservation  and permitting under the Clean Water Act. Our multidisciplinary approach ensures that these overlapping requirements are addressed cohesively, reducing the risk of conflicting obligations and streamlining the overall review process.

As environmental regulations continue to evolve, staying ahead of changes is essential. Our attorneys monitor developments in federal policy, agency guidance, and case law to provide clients with timely, informed advice. At Davis Graham, we are committed to helping clients navigate NEPA with confidence—delivering practical solutions that support responsible development while meeting rigorous environmental standards.

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