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Natural Resources

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The 2014 Draft Guidance issued by the White House Council on Environmental Quality (CEQ) has substantially increased understanding about how NEPA can contribute to informed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

National Forest Management: The Contested Use of Collaboration and Litigation

Litigation over national forest management has received substantial attention from members of Congress who claim that “environmental obstructionists” are abusing the legal system; conversely, litigants criticize the U.S. Forest Service’...

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CEQ’s Draft Guidance on NEPA Climate Analyses: Potential Impacts on Climate Litigation

In December 2014, the White House Council on Environmental Quality (CEQ) issued for public comment a draft guidance document on how federal agencies should evaluate climate change in their analyses under NEPA.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The White House Council on Environmental Quality (CEQ) has again offered for public comment draft guidance on how to evaluate the environmental impacts of climate change in analyses prepared under NEPA.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...

The Gardener and the Sick Garden: How Not to Address the Planet’s Environmental Issues

Over a number of decades, various rules have been imposed on humans intending to limit our obsession with exploiting the garden of Earth. During this time, differing management techniques have been tried to ensure that the garden could...

Becoming Us

Is there a human right to a particular environment, one that overrides conflicting human interests? Given that all humans require a particular environment in order to survive and thereby have interests, the question seems to answer...

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...