On August 1, 2016, the White House Council on Environmental Quality (CEQ) released final guidance on how federal agencies should consider the direct and indirect impacts of climate change, including from greenhouse gas (GHG) emissions, in environmental reviews conducted under the National Environmental Policy Act (NEPA). See https://www.whitehouse.gov/sites/whitehouse.gov/files/documents/nepa_final_ghg_guidance.pdf. This final guidance is not part of rulemaking and, therefore, is not binding regulation. However, some courts consider CEQ guidance when evaluating NEPA reviews. The guidance is effective immediately, and encourages agencies to use it for all new proposed agency actions for which NEPA review is required.

The final guidance confirms the importance of climate change and its effects and GHG emissions fall under NEPA’s perview. In performing such a review of a proposed project, it is fair to evaluate its GHG emissions and the potential effects of physical climate change impacts. The guidance does not give exact criteria that must be followed in terms of GHG emissions and climate change (a change from the draft guidance), but gives each federal agency the flexibility to use its preferred experts and methods to assess impacts and options. For example, the guidance does not contain a threshold level of GHG emissions that would require review or action, but allows the individual agencies to make that determination.

The guidance calls for a quantitative analysis of potential GHG emissions from a proposed project if appropriate and reliable tools or methodologies are currently available. Stating that GHG emissions are “negligible” or expressions like this are discouraged. A quantitative analysis is also required in discussions of alternatives to a proposed action. However, the guidance does not require the decision maker to select the alternative with the lowest level of GHG emissions. A balanced environmental approach is preferred.

The guidance also calls for agencies to consider how climate change impacts, such as increasing sea level, drought, heavy precipitation, etc. could affect a proposed action. Given that certain aspects of projects, such as development in floodplains or on or near a coastline, could be vulnerable to climate change, agencies should either reject such projects or identify opportunities for adaptation to these effects.

CCES has the technical experts to help your firm perform a quantitative evaluation of GHG emissions and assess potential climate change impacts on a potential project. Contact us today at 914-584-6720 or at karell@CCESworld.com.