Law Commons^™

Legal Tools For Climate Adaptation Advocacy: Nepa, Jennier Klein, Ethan Strell

Sabin Center for Climate Change Law

The National Environmental Policy Act (NEPA) was signed into law by President Richard Nixon in 1970. NEPA requires federal agencies to evaluate the environmental effects of a wide range of actions, including direct federal undertakings and projects that receive federal funding or permits. Many states have since enacted similar laws of varying scope, requiring evaluation of the environmental impacts of certain state and local actions. For instance, New York State enacted the State Environmental Quality Review Act (SEQRA) in 1975. Some municipalities, including New York City, have their own environmental review procedures.

The purpose of NEPA and similar state laws …

Draft Nepa Guidance Requires Agencies To Consider Both Ghg Emissions And The Impacts Of Climate Change On Proposed Actions, Jessica A. Wentz

Sabin Center for Climate Change Law

On December 24, 2014, the Council on Environmental Quality (CEQ) released revised draft guidance on how federal agencies should evaluate greenhouse gas (GHG) emissions and the impacts of climate change when conducting reviews under the National Environmental Policy Act (NEPA). The CEQ’s new guidance does not impose any new legal requirements on federal decision-makers, but it does clarify how federal agencies should consider the effects of GHG emissions and climate change in a manner consistent with their preexisting obligations under NEPA. It is significantly more detailed than the draft guidance released by CEQ in February 2010, and unlike its predecessor, …

Assessing The Impacts Of Climate Change On The Built Environment Under Nepa And State Eia Laws: A Survey Of Current Practices And Recommendations For Model Protocols, Jessica A. Wentz

Sabin Center for Climate Change Law

Federal agencies are beginning to incorporate descriptions of climate change impacts into environmental reviews for buildings and infrastructure, but there is no consistent methodology for evaluating these impacts and mitigating any foreseeable risks to the project or affected environment. This Article asserts that an assessment of climate-related risks and adaptation options falls within the scope of considerations that should be addressed under the National Environmental Policy Act and similar laws. It concludes with a set of recommended protocols for identifying the impacts of climate change on projects and their affected environment, evaluating physical and environmental risks, and selecting appropriate mitigation …