Recent Administration Action
Proposal to Include Climate Change Under National Environmental Policy Act
On February 18, the White House Council on Environmental Quality released proposed rules requiring federal agencies to consider the effects of climate change and greenhouse gases in their evaluations under the National Environmental Policy Act. Celebrating its 40th anniversary this year, NEPA requires that the government evaluate the environmental impact of any federal activity before acting, placing environmental values on an equal footing with technical and economic considerations in the decision making process.
The draft guidance explains how federal agencies should analyze the environmental impacts of climate change when conducting NEPA evaluations. For instance, “an industrial process may draw cumulatively significant amounts of water from a stream that is dwindling because of decreased snow pack in the mountains or add significant heat to a water body that is exposed to increasing atmospheric temperatures.” In other words, the effects of climate change may magnify the damage of a proposed action. CEQ will now accept public comment for a 90 day period. Learn more from the Council on Environmental Quality and the Environmental Protection Agency.
Additional Recent Administration Developments
Endangerment Finding
In December 2009, the EPA issued an "endangerment finding," which allows greenhouse gas emissions be regulated under the Clean Air Act. In 2007, the Supreme Court found that greenhouse gases are "pollutants" under the Act, linking climate change to increased risks for public health and welfare, however the Bush administration had failed to exercise this authority. The so-called "endangerment finding" allows the EPA broad flexibility in combating climate change in order to protect the public from its negative effects such as disease and injury due to floods, storms, heat waves, droughts and fires. Learn more
Vehicle Greenhouse Gas and CAFE Standards
In May 2009, President Obama announced the creation of a new federal policy to both reduce greenhouse gas emissions from vehicles and improve fuel economy. In April 2010, the Environmental Protection Agency and the Department of Transportation finalized regulations that set emissions standards of 250 grams of CO2 per mile, corresponding to a fuel economy of 35.5 miles per gallon. Learn more
Tailoring Rule
The EPA issued its final tailoring rule for greenhouse gas emissions May 13. Beginning next January, facilities that must already obtain New Source Review permits for other pollutants will be required to include greenhouse gases in their permits if they increase their emissions of the gases by at least 75,000 tons of carbon dioxide equivalent per year. In September 2009, the EPA proposed what is known as the "Tailoring Rule" for greenhouse gas emissions. The rule proposes the threshold for regulation of greenhouse gas emissions for stationary sources be set at 25,000 tons. Big polluters emitting over this level would be required to obtain permits to demonstrate use of best practices and technologies to control greenhouse gas emissions. Learn more
