practice areas

NEPA

National Environmental Policy Act

Pioneer Law Group, LLP provides public and private entities with advice and counsel regarding compliance with the federal environmental review process under NEPA.  Since its adoption, NEPA has proven to be one of the most challenging laws related to federal actions, including federal project approvals.  The firm’s attorneys have been actively involved in formulating NEPA compliance strategies for a wide range of projects, including transportation infrastructure, wetlands permitting, Native American gaming, timber harvest and logging projects, and large mining projects on federal land.

Pioneer Law Group attorneys also assist clients in complying with other federal laws and regulations often associated with NEPA review, such as the Endangered Species Act, Section 404 of the Clean Water Act (wetlands dredge and fill permits), the Clean Air Act, and the National Historic Preservation Act.

The scope of representation ranges from counseling a client through the early stages of site acquisition, project design and project development to collaboration with the regulating agency to outline an efficient and well‐grounded approach to NEPA review, project impact mitigation, and any subsequent administrative proceedings and litigation.

Representative examples of our NEPA attorneys’ work include:

YUBA GOLDFIELDS

Federal litigation on behalf of county water agency successfully opposing preliminary injunction and defending canal use and other mining‐related approvals by the Bureau of Land Management (BLM) under NEPA and the Administrative Procedure Act (APA).

IMPERIAL COUNTY MINING/LANDFILL PROJECT

Litigation on behalf of developer successfully defending Imperial County’s approval of reuse of mine site as a regional landfill, which implicated an array of federal and state regulatory requirements including the ESA, CWA, CAA, and environmental justice issues.

INYO COUNTY GOLD MINE

Litigation on behalf of developer successfully defending BLM and Inyo County’s joint review and approval of a gold mine and reclamation plan that implicated various federal and state laws, including NEPA, cultural resources compliance and tribal consultation.

NATIVE AMERICAN GAMING PROJECT

Advice and litigation on behalf of El Dorado County to ensure proper analysis and mitigation of project impacts under NEPA, CAA, and related federal regulatory requirements.

TURNTABLE BAY RESORT/MARINA

Counsel on behalf of Turntable Fishery in connection with Forest Service NEPA compliance for a commercial resort and marina complex at Turntable Bay in the Shasta‐Trinity National Forest.

ROSEVILLE AREA SPECIFIC PLAN

Section 7 consultation and negotiation with U.S. Fish & Wildlife Service and U.S. Army Corps of Engineers concerning incidental take permits and wetlands mitigation for a large and crucial component the City of Roseville’s long‐term land use and infrastructure planning efforts.

NATOMAS BASIN HABITAT CONSERVATION PLAN (HCP)

Advice and litigation on behalf of landowners concerning Section 10 conservation plan and long-term mitigation requirements for projected development in the City of Sacramento.

CHULA VISTA MULTIPLE SPECIES CONSERVATION PLAN

Section 10 consultation and negotiation with U.S. Fish & Wildlife Service and California Department of Fish & Game concerning incidental take authorization for long‐term development plans in San Diego County.

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