LPDD Model Law: Evaluating Beneficial Impacts Under NEPA

Under current law, the potential benefits of projects necessary to achieve a decarbonized economy may not be fully disclosed in the NEPA process. NEPA is the process through which agencies consider the potential environmental impacts of projects and provide the public an opportunity to comment on those projects.  NEPA requires agencies to evaluate the “environmental impact of the proposed action.” 42 U.S.C. § 4332(C)(i). The Council on Environmental Quality (CEQ) has interpreted NEPA to require consideration of both beneficial and adverse impacts, even though it is not explicitly stated in the statute. In the interest of efficiency, the CEQ regulations also direct agencies to “focus on significant environmental issues.” 40 CFR § 1502.1.  As a result, agencies tend to provide detailed analysis of only the adverse environmental impacts of projects in the immediate term and provide limited discussion about the project’s potential benefits over the long term.

This model law revises the National Environmental Policy Act (NEPA) to require federal agencies to fully consider the positive (or beneficial) impacts, in addition to the negative impacts, of proposed projects.