As U.S. coal exports increase and new infrastructure is proposed to improve access to markets in Asia, controversy has arisen regarding the scope of environmental review that should be carried out by government. In particular, there is significant disagreement as to whether the end-use of exported coal and the emissions generated by its combustion fall within the scope of environmental review under the National Environmental Policy Act of 1969 (NEPA). This paper considers this issue, examining the requirements of NEPA and its implementing regulations, as well as current practice by Federal agencies.
Environmental Law | Law
Elizabeth Sheargold & Smita Walavalkar,
NEPA and Downstream Greenhouse Gas Emissions of U.S. Coal Exports,
Sabin Center for Climate Change Law, Columbia Law School, August 2013
Available at: https://scholarship.law.columbia.edu/sabin_climate_change/151