Phase II NEPA Regulations, the Future of WotUS, and Upcoming Supreme Court Cases with Fred Wagner

Environmental Professionals Radio (EPR)

Welcome back to Environmental Professionals Radio, Connecting the Environmental Professionals Community Through Conversation, with your hosts Laura Thorne and Nic Frederick!
On today’s episode, we talk with Fred Wagner, partner with Venable, LLP about Phase II NEPA Regulations, the Future of WotUS, and Upcoming Supreme Court Case. Read his full bio below.
Special thanks to our sponsor for this episode VENABLE, LLP! Check them out at https://www.venable.com/
Venable is one of the nation’s leading law firms. Venable’s management reflects a commitment to Diversity and Inclusion through a broad category of hiring, training and educational activities. The Firm’s Environmental Practice Group works with clients across the country on major infrastructure development, including NEPA compliance and resource agency permitting. Venable encourages volunteer activities in professional environmental associations, as reflected by Fred Wagner’s membership on the NAEP Board of Directors.

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This podcast is produced by the National Association of Environmental Professions (NAEP). Check out all the NAEP has to offer at NAEP.org.
Connect with Fred Wagner at linkedin.com/in/fred-wagner-59043019
Guest Bio:
Fred Wagner focuses his practice on environmental and natural resources issues associated with major infrastructure, mining and energy project development. Fred helps clients manage and then defend in court environmental reviews performed under the National Environmental Policy Act (NEPA) or equivalent state statutes. He works with public agencies and private developers to secure permits and approvals from federal and state regulators under Section 404 of the Clean Water Act (CWA), the Endangered Species Act (ESA), and the National Historic Preservation Act (NHPA). Fred is familiar with the full range of issues surrounding USDOT surface transportation programs, including grant management, procurement, suspension and debarment, and safety regulations. During his career, Fred has handled a wide variety of environmental litigation in federal trial and appellate courts across the country, from citizen suits, to government enforcement actions, to Administration Procedure Act (APA) challenges.
Fred was appointed Chief Counsel of the U.S. Federal Highway Administration (FHWA) during the Obama administration. He managed all legal matters involving the $40 billion Federal-Aid Highway program, including environmental and natural resources issues for highway and multimodal transportation projects. Among other high-profile projects, he oversaw the agency’s defense of the following: New York's Tappan Zee Bridge, San Francisco's Presidio Parkway, Chicago's Elgin-O'Hare Expressway, Kentucky and Indiana's Ohio River Bridges, North Carolina's Bonner Bridge, Alabama's Birmingham Northern Beltline, Wisconsin's Zoo Interchange, and Washington's State Road 520 Bridge. He represented the FHWA on government-wide Transportation Rapid Response Team, a multi-agency task force focused on improving project delivery and environmental review reforms.
Fred began his career as a trial attorney in the Environment Division of the U.S. Department of Justice. He also served as a Special Assistant U.S. Attorney in the Misdemeanor Trial Section of the U.S. Attorney's Office for the District of Columbia. Prior to joining Venable, he spent more than 20 years in private pra

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Chapter

1. Phase II NEPA Regulations, the Future of WotUS, and Upcoming Supreme Court Cases with Fred Wagner (00:00:00)

2. Nic & Laura discuss doing the dishes (00:02:23)

3. Interview with Fred Wagner starts (00:07:27)

4. Phase II NEPA Regs (00:13:08)

5. Future of WOTUS (00:47:53)

6. Upcoming Supreme Court Cases (00:59:22)