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The central purpose of the National Environmental Policy Act (NEPA) is to improve governmental decision making by making relevant information available to officials and by ensuring that everyone affected by the decisions is given a voice. In this article, Michael Gerrard focuses on the effect of NEPA on decisions. First, Gerrard discusses the effect that NEPA has had on internal decision making. Then, he delves into the accuracy of predictions in environmental impact statements. Lastly, Gerrard analyzes what happens to environmental impact statements after the record of decision is issued.
While climate change legislation was mired in Congress, several units in the Obama administration had used their existing statutory authority to adopt rules or guidance requiring extensive disclosure about greenhouse gases in a wide variety of contexts. Every registered public company, the operators of many industrial facilities, and those involved in significant federal actions are now or will soon be covered by one or more of these requirements. In this article, the author explains different disclosure requirements, including the GHG reporting rule, securities disclosure, and lastly, the National Environmental Policy Act.