T10 The Future of NEPA Litigation: The Evolving Role of Climate Change, Environmental Justice, and Related Topics

With increasing frequency, litigation filed under the National Environmental Policy Act alleges that federal agencies have failed to adequately evaluate impacts on climate change and environmental justice. In addition, the Biden Administration has issued two executive orders related to those topics: (1) Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis – Executive Order No. 13,990, 86 Federal Register 7037 (Jan 20, 2021); and (2) Advancing Racial Equity and Support for Underserved Communities Through the Federal Government – Executive Order 13,985, 86 Federal Register 7009 (Jan 20, 2021). Contentions related to both climate change and environmental justice have arisen in licensing board cases. In the ASLBP’s technical session, we will explore recent judicial decisions in these areas and their potential impacts on federal agencies such as the NRC. The speakers will provide diverse perspectives on these issues.

SESSION CHAIR(S):

• Ronald Spritzer, Administrative Judge, ASLBP/NRC e-mail: Ronald.Spritzer@nrc.gov
• William Froehlich, Administrative Judge, ASLBP/NRC e-mail: William.Froehlich@nrc.gov

SPEAKER(S):

• Introductory Remarks
  Ronald Spritzer, Administrative Judge, ASLBP/NRC and William Froehlich, Administrative Judge, ASLBP/NRC
• Amanda Leiter, Professor, American University
• Amy Roma, Partner, Hogan Lovells
• Jessica Bielecki, Deputy Director, Environmental Justice Review Team, OGC/NRC
• Diane Curran, Partner, Harmon, Curran, Spielberg & Eisenberg

SESSION COORDINATOR(S):

• Twana Ellis, Program Analyst, Adjudicatory Support and Technical Staff, ASLBP/NRC e-mail: Twana.Ellis@nrc.gov