[Federal Register Volume 90, Number 101 (Wednesday, May 28, 2025)]
[Notices]
[Pages 22472-22473]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-09569]
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COUNCIL ON ENVIRONMENTAL QUALITY
Withdrawal of National Environmental Policy Act Guidance on
Consideration of Greenhouse Gas Emissions and Climate Change
AGENCY: Council on Environmental Quality.
ACTION: Notice of withdrawal of interim guidance.
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SUMMARY: The Council on Environmental Quality (CEQ) is withdrawing its
interim guidance titled ``National Environmental Policy Act Guidance on
Consideration of Greenhouse Gas Emissions and Climate Change,'' for
which notice was published in the Federal Register on January 9, 2023.
DATES: This withdrawal is effective May 28, 2025.
FOR FURTHER INFORMATION CONTACT: Jomar Maldonado, Director for the
[[Page 22473]]
National Environmental Policy Act, 730 Jackson Place NW, Washington, DC
20503, [email protected] or (202) 395-5750.
SUPPLEMENTARY INFORMATION: On January 9, 2023, the Council on
Environmental Quality (CEQ) issued interim guidance to assist Federal
agencies in their consideration of the effects of greenhouse gas (GHG)
emissions and climate change when conducting environmental reviews
pursuant to the National Environmental Policy Act (NEPA).\1\ CEQ sought
public comments but issued its recommendations as temporary guidance so
that agencies could immediately make use of them. CEQ further advised
that it may revise the guidance in response to public comments or
finalize the interim guidance at a later date. CEQ did not take any
further action on the Interim Guidance.
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\1\ National Environmental Policy Act Guidance on Consideration
of Greenhouse Gas Emissions and Climate Change, 88 FR 1196 (Jan. 9,
2023) (Interim Guidance).
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Executive Order 14154, Unleashing American Energy, establishes and
advances the President's policies to, among other things, ``protect the
United States' economic and national security and military preparedness
by ensuring that an abundant supply of reliable energy is readily
accessible in every State and territory of the Nation;'' ``ensure that
all regulatory requirements related to energy are grounded in clearly
applicable law;'' and ``ensure that the global effects of a rule,
regulation, or action shall, whenever evaluated, be reported separately
from its domestic costs and benefits, in order to promote sound
regulatory decision making and prioritize the interests of the American
people.'' \2\ CEQ has concluded that the January 9, 2023, Interim
Guidance is inconsistent with these policy objectives. Therefore, CEQ
is withdrawing the Interim Guidance for further consideration.
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\2\ 90 FR 8353 (Jan. 29, 2025).
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Further support for CEQ's decision to withdraw the Interim Guidance
is found in section 6(c) of E.O. 14154, which states that ``[t]he
calculation of the `social cost of carbon' is marked by logical
deficiencies, a poor basis in empirical science, politicization, and
the absence of a foundation in legislation. Its abuse arbitrarily slows
regulatory decisions and, by rendering the United States economy
internationally uncompetitive, encourages a greater human impact on the
environment by affording less efficient foreign energy producers a
greater share of the global energy and natural resource market.''
Contrary to the policies expressed in E.O. 14154, the Interim Guidance
recommended that agencies quantify and monetize GHG emissions using
social cost of carbon estimates,\3\ citing several social cost of
carbon tools and analyses that E.O. 14154 withdrew. See E.O. 14154,
section 6(b). The Interim Guidance also relied extensively on the
environmental justice and climate policies expressed in E.O.s 12898,
13990, and 14008, to justify its recommendations. For example, the
Interim Guidance encouraged agencies to bolster and emphasize
environmental justice policies in a manner inconsistent with federal
law and the interests of United States. See E.O. 14173, Ending Illegal
Discrimination and Restoring Merit-Based Opportunity, 90 FR 8633 (Jan.
31, 2025).
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\3\ 88 FR 1202-03.
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President Trump rescinded E.O.s 12898, 13990, and 14008 and the
misguided policies they espouse. See E.O. 14154 and 14173. Accordingly,
CEQ is withdrawing the Interim Guidance implementing those policies and
will consider issuing new or revised GHG guidance. CEQ will address in
a separate notice any new or revised guidance that may be appropriate.
In addition, pursuant to section 6 of E.O. 14154, the Office of
Information and Regulatory Affairs (OIRA) issued guidance on May 5,
2025, advising agencies to ``limit their analysis and consideration of
[GHG] emissions only to that plainly required in their governing
statutes subject to an exception'' involving consultation with the U.S.
Department of Justice. See Guidance Implementing Section 6 of E.O.
14154, Entitled ``Unleashing American Energy'' M-25-27 (May 5, 2025).
Consistent with applicable law, agencies should consider OIRA's
guidance when conducting environmental reviews pursuant to NEPA.
As CEQ explained in the Interim Guidance, that guidance was not a
rule or regulation; may not have applied to particular situations based
upon the individual facts and circumstances; did not change or
substitute for any law, regulation, or other legally binding
requirement; and was not legally enforceable. The withdrawal of the
Interim Guidance likewise does not change any law, regulation, or other
legally binding requirement.
Jomar Maldonado,
Director for the National Environmental Policy Act.
[FR Doc. 2025-09569 Filed 5-27-25; 8:45 am]
BILLING CODE 3325-FA-P