New Guidance On Consideration Of Climate Issues In US Projects

The White House Council on Environmental Quality (CEQ) has proposed guidance to federal agencies regarding agency analyses of climate change under the National Environmental Policy Act (NEPA). The guidance replaces a prior draft that was issued in 2010 but never finalized.

NEPA mandates that federal agencies identify, evaluate and disclose to the public the environmental consequences of their proposed actions and consider reasonable alternatives thereto. The Act applies to virtually all discretionary federal decision-making — everything from general federal land management planning processes to the permitting of specific private energy generation and transmission projects.

Federal agencies are legally responsible for compliance with NEPA. But, as a practical matter, the Act's compliance costs and litigation risks are frequently borne by private project developers who have applied for federal permits.