CEQ Proposes Amending NEPA Regulations

On January 9, 2020, the Council on Environmental Quality (CEQ) published a proposal to overhaul regulations governing environmental review under the National Environmental Quality Act (NEPA). The proposal could limit or even eliminate consideration of climate change in several ways. 

Existing NEPA regulations require agencies to consider direct, indirect, and cumulative effects when conducting environmental reviews of proposed projects. The indirect and cumulative effect requirements have led some courts to compel agencies to account for climate change when analyzing the impact of fossil fuel leases and infrastructure projects. By collapsing the distinction between indirect and direct effects, and expressly eliminating the cumulative effect requirement, the proposed revisions would limit the role of climate change in environmental assessment. The proposal would also restrict analysis to effects that have a "reasonably close causal relationship" to the proposed project, which could limit consideration of life cycle greenhouse gas emissions or on-the-ground climate change impacts related to the project.

The proposal could also make it easier for agencies to dismiss the significance of impacts caused by fossil fuel projects. NEPA only requires agencies to prepare a full environmental impact statement for projects that may significantly affect the environment. By watering down the definition of "significantly," the proposed revisions could lead agencies to determine that certain fossil fuel projects do not warrant a comprehensive environmental review even if the indirect climate change impacts would be extensive.  Finally, CEQ is considering codifying aspects of its draft guidance on consideration of greenhouse gas emissions.  Read more on our blog >>> 

Comments on the proposed NEPA regulations are due March 10, 2020.