Council on Environmental Quality Rescinds Trump Administration Draft Guidance that Limited the Consideration of Greenhouse Gas Emissions During Environmental Reviews

April 2021

Environmental, Energy & Climate Change Law and Regulation Reporter, Volume 1, Number 7

On February 19, 2021, the Council on Environmental Quality (“CEQ”) rescinded the Trump Administration-issued draft guidance, which would have narrowed how federal agencies consider greenhouse gas (“GHG”) emissions and climate change impacts from development and infrastructure projects under the National Environmental Policy Act (“NEPA”).  See National Environmental Policy Act Guidance on Consideration of Greenhouse Gas Emissions, 86 Fed. Reg. 10,252 (Feb. 19, 2021).  Although CEQ may develop and issue additional guidance on how agencies should consider GHG emissions and climate change impacts under NEPA, CEQ’s current action returns the use of Obama Administration guidance that promotes a broader evaluation of GHG emissions and climate change impacts during the environmental reviews.

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