Legal Status of CEQ's Final Guidance on Climate Change in Environmental Reviews under NEPA [August 17, 2016] [open pdf - 118KB]
Alternate Title: Legal Status of Council on Environmental Quality's Final Guidance on Climate Change in Environmental Reviews under National Environmental Policy Act [August 17, 2016]
From the Document: "On August 2, 2016, the Obama Administration issued a final guidance document 'to assist Federal agencies in their consideration of the effects of greenhouse gas (GHG) emissions and climate change when evaluating proposed Federal actions in accordance with the National Environmental Policy Act (NEPA).' It was issued by the Council on Environmental Quality (CEQ) and applies to federal actions (including actions receiving federal funding or federal permits) subject to review under NEPA. While most federal agencies already have procedures in place to ensure that they identify GHG emissions associated with their proposed actions, as well as future impacts to those proposed projects that may relate to climate change, the Guidance states that it aims to provide 'greater clarity and more consistency' for evaluating climate-related impacts of and to federal actions. The Guidance follows an initial draft issued in 2010 and a revised draft issued in 2014. As a guidance document, it is not binding on agencies or legally enforceable, but CEQ expects that the Guidance should be applied to all new and, to the extent practicable, currently proposed federal actions subject to review under NEPA."
CRS Legal Sidebar, August 17, 2016
Federation of American Scientists: http://www.fas.org/sgp/crs/index.html