'No Basis' for Excluding Climate Impacts From NEPA Reviews, CEQ Says

The White House Council on Environmental Quality has found “no basis” for excluding greenhouse gas emissions from National Environmental Policy Act reviews.

Responding to inquiries from Republican lawmakers, CEQ Chairwoman Nancy Sutley said NEPA “cannot be used to regulate greenhouse gas emissions” and that the Obama administration remains committed to energy and climate legislation to address those broader issues.

“Nonetheless, NEPA compels Federal agencies to consider environmental effects before undertaking significant actions or policies,” Sutley wrote in a letter to the lawmakers late last month. “CEQ sees no basis for excluding greenhouse gas emissions from that consideration.”

Sutley noted that her office is considering issuing draft guidance for agencies in response to a petition filed in 2008 by three groups calling for CEQ to amend NEPA regulations to address climate change. The petition was filed by the Sierra Club, Natural Resources Defense Council and International Center for Technology Assessment.

“CEQ believes that it is appropriate and necessary to consider the impact of significant Federal actions on greenhouse gas emissions and the potential for climate change to affect Federal activities evaluated through NEPA and different approaches for managing those effects,” Sutley wrote. “Accordingly, CEQ is considering responding to the petition you reference by issuing guidance to agencies on this issue.”

NY Times