NEPA & Climate Change

Two Marten Law articles:

Ninth Circuit Requires Climate Change Analysis under NEPA; 11/2007

CEQ Marks 40th Anniversary of NEPA With New Guidance on Greenhouse Gas Impacts, Mitigation and Categorical Exclusions; 2/2010

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Excerpts from 2/2010 Draft guidance from the CEQ:

"NEPA demands informed, realistic governmental decision making. CEQ proposes to advise Federal agencies to consider, in scoping their NEPA analyses, whether analysis of the direct and indirect GHG emissions from their proposed actions may provide meaningful information to decision makers and the public. Specifically, if a proposed action would be reasonably anticipated to cause direct emissions of 25,000 metric tons or more of CO2-equivalent GHG emissions on an annual basis, agencies should consider this an indicator that a quantitative and qualitative assessment may be meaningful to decision makers and the public. For long-term actions that have annual direct emissions of less than 25,000 metric tons of CO2-equivalent, CEQ encourages Federal agencies to consider whether the action’s long-term emissions should receive similar analysis. CEQ does not propose this as an indicator of a threshold of significant effects, but rather as an indicator of a minimum level of GHG emissions that may warrant some description in the appropriate NEPA analysis for agency actions involving direct emissions of GHGs."

"With regards to the effects of climate change on the design of a proposed action and alternatives, Federal agencies must ensure the scientific and professional integrity of their assessment of the ways in which climate change is affecting or could affect environmental effects of the proposed action. 40 CFR 1502.24. Under this proposed guidance, agencies should use the scoping process to set reasonable spatial and temporal boundaries for this assessment and focus on aspects of climate change that may lead to changes in the impacts, sustainability, vulnerability and design of the proposed action and alternative courses of action. At the same time, agencies should recognize the scientific limits of their ability to accurately predict climate change effects, especially of a short-term nature, and not devote effort to analyzing wholly speculative effects. Agencies can use the NEPA process to reduce vulnerability to climate change impacts, adapt to changes in our environment, and mitigate the impacts of Federal agency actions that are exacerbated by climate change."

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Climate Change Impacts Report; 6/2009

From the report home page:

"This web page will introduce and lead you through the content of the most comprehensive and authoritative report of its kind. The report summarizes the science and the impacts of climate change on the United States, now and in the future. It focuses on climate change impacts in different regions of the U.S. and on various aspects of society and the economy such as energy, water, agriculture, and health."

"In addition to discussing the impacts of climate change in the U.S., the report also highlights the choices we face in response to human-induced climate change. It is clear that impacts in the United States are already occurring and are projected to increase in the future, particularly if the concentration of heat-trapping greenhouse gases in the atmosphere continues to rise. So, choices about how we manage greenhouse gas emissions will have far-reaching consequences for climate change impacts. Similarly, there are choices to be made about adaptation strategies that can help to reduce or avoid some of the undesirable impacts of climate change. This report provides many of the scientific underpinnings for effective decisions to be made – at the national and at the regional level."