In Draft Mitigation Guidance, CEQ Moves Toward Adding Substantive Mitigation to NEPA’s Procedural Requirements | Marten Law

CEQ proposed guidance, issued 2/10, encourages federal agencies to follow up when a “finding of no significant impact” relies on mitigation of environmental impacts, and when agencies commit to mitigation in an Environmental Impact Statement. The Draft Mitigation Guidance arguably moves CEQ from its traditional mission of protecting the environmental review process, toward a mission of requiring substantive mitigation of impacts identified during NEPA reviews.

In Draft Mitigation Guidance, CEQ Moves Toward Adding Substantive Mitigation to NEPA’s Procedural Requirements Marten Law