November 22, 2021 – Today, the Clinic submitted comments to the Council on Environmental Quality (CEQ) supporting its proposed partial reversal of the Trump administration’s weakening of the National Environmental Policy Act (NEPA) implementing regulations. The Clinic’s comments argue that agencies are required under NEPA to examine cumulative and indirect impacts (as well as direct effects) when determining the environmental impacts of a project and preparing an Environmental Impact Statement (EIS). Accordingly, the Trump administration’s elimination of these categories of impacts from the regulations was illegal and the proposal is correct to reverse those changes. In addition, the Clinic’s comments support CEQ’s changes to the “ceiling” provisions, which impermissibly limit agencies’ discretion to provide additional procedures beyond the minimum standards identified by CEQ.
Clinic students Elena Plenefisch, JD’23 and Samuel Yang, JD’22 prepared these comments under the supervision of Acting Director Shaun Goho, Senior Staff Attorney Aladdine Joroff, and Clinic Fellow Tommy Landers.
Read the Clinic’s comments: Comments on Proposed Rule: National Environmental Policy Act Implementing Regulations Revisions, 86 Fed. Reg. 55,757 (Docket ID No. CEQ-2021-0002)