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National Environmental Policy Act (NEPA)

Zeroing Out Climate Change: A “Hard Look” at Trump’s Social Cost of Carbon

President Donald Trump has referred to climate change as a “hoax,” and in March 2017 issued Executive Order No. 13783, Promoting Energy Independence and Economic Growth. Section 5 of this Order directs federal agencies to discontinue...

Environmental Impact Assessment in China and the United States: A Comparison

Environmental impact assessment (EIA) is a fundamentally important part of the legal systems in both the United States and China. In this Article, the authors compare and contrast the development of EIA in the two countries, including (...

NEPA Review of Climate Change

The 2014 Draft Guidance issued by the White House Council on Environmental Quality (CEQ) has substantially increased understanding about how NEPA can contribute to informed consideration of the accelerating impacts of climate change....

Assessing the Impacts of Climate Change on the Built Environment: A Framework for Environmental Reviews

Federal agencies are beginning to incorporate descriptions of climate change impacts into environmental reviews for buildings and infrastructure, but there is no consistent methodology for evaluating these impacts and mitigating any...

CEQ’s Draft Guidance on NEPA Climate Analyses: Potential Impacts on Climate Litigation

In December 2014, the White House Council on Environmental Quality (CEQ) issued for public comment a draft guidance document on how federal agencies should evaluate climate change in their analyses under NEPA. Like the 2010 draft...

NEPA and Climate Change: Practitioners Should Take Note of CEQ’s New Guidance

The White House Council on Environmental Quality (CEQ) has again offered for public comment draft guidance on how to evaluate the environmental impacts of climate change in analyses prepared under NEPA. This is not the first time CEQ...

Administering the National Environmental Policy Act

In practice, the Council for Environmental Quality (CEQ) has been treated as the “administering agency” for the National Environmental Policy Act (NEPA), and courts and most action agencies have regarded its rules as binding law. Yet, a...

Environmental Assessments: Guidance on Best Practice Principles

In response to a 2011 solicitation by the Council on Environmental Quality, the National Association of Environmental Professionals developed best practice principles (BPPs) for preparing effective environmental assessments (EAs) under...

Leaning on NEPA to Improve the Federal Permitting Process

President Barack Obama has launched a little-known effort to improve the permitting process for infrastructure projects. The president’s initiative has identified a number of permitting improvements, but it does not include a serious...

A Looming Fracking Explosion: The Inadequate NEPA Cumulative Effects Analysis for the Keystone XL Pipeline

The Keystone XL Pipeline has drawn tremendous media attention over the past seven years as the U.S. Department of State has assessed the Project’s environmental impacts through the NEPA review process. Despite the lengthy process, the...

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