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Council on Environmental Quality Publishes Draft NEPA Greenhouse Gas Emission Guidance

Pratt’s Energy Law Report

The Council on Environmental Quality has published Draft Guidance to federal agencies to evaluate the effects of greenhouse gas emissions under the National Environmental Policy Act. The Draft Guidance is largely consistent with the approach taken by the Federal Energy Regulatory Commission in recent natural gas infrastructure orders. This article explains and analyzes the Guidance.

CEQ’s Draft Guidance

The Council on Environmental Quality (“CEQ”) published new draft guidance to clarify the scope of review federal agencies should undertake when considering the effects of greenhouse gas (“GHG”) emissions under the National Environmental Policy Act and related regulations. The Draft Guidance is intended to replace CEQ’s prior GHG-related guidance, which was adopted in 2016 and later rescinded pursuant to an Executive Order in 2017. The Draft Guidance is largely consistent with the approach taken by the Federal Energy Regulatory Commission in recent natural gas infrastructure orders.

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“Council on Environmental Quality Publishes Draft NEPA Greenhouse Gas Emission Guidance,” by Brett A. Snyder and Lamiya N. Rahman was published in the October 2019 edition of Pratt’s Energy Law Report (Vol. 19, No. 9), an A.S. Pratt Publication, LexisNexis. Reprinted with permission.

This article was first published as a Blank Rome Energy Advisory in July 2019.