economic, and other requirements of present and future generations of Americans.” 355Congress declares as follows:Further,(b) In order to carry out the policy set forth in this chapter, it is thecontinuing responsibility of the Federal Government to use all practicablemeans, consistent with other essential considerations of national policy, toimprove and coordinate Federal plans, functions, programs, and resourcesto the end that the Nation may—(1) fulfill the responsibilities of each generation as trustee of theenvironment for succeeding generations;(2) assure for all Americans safe, healthful, productive, and estheticallyand culturally pleasing surroundings;(3) attain the widest range of beneficial uses of the environment withoutdegradation, risk to health or safety, or other undesirable and unintendedconsequences;(4) preserve important historic, cultural, and natural aspects of our nationalheritage, and maintain, wherever possible, an environment which supportsdiversity and variety of individual choice;(5) achieve a balance between population and resource use which willpermit high standards of living and a wide sharing of life’s amenities; and(6) enhance the quality of renewable resources and approach themaximum attainable recycling of depletable resources.(c) The Congress recognizes that each person should enjoy a healthfulenvironment and that each person has a responsibility to contribute to thepreservation and enhancement of the environment. 356Role of the CEQ. Pursuant to NEPA, it is the duty and function of the CEQ “to review andappraise the various programs and activities of the Federal Government in the light of the policyset forth in subchapter I of this chapter [42 U.S.C. §§ 4331-4335] for the purpose of determiningthe extent to which such programs and activities are contributing to the achievement of suchpolicy, and to make recommendations to the President with respect thereto . . . .” 357Agency Responsibility. Pursuant to NEPA, to the fullest extent possible, the policies,regulations, and public laws of the United States shall be interpreted and administered in355 42 U.S.C. § 4331(a) (part (a) is quoted in full in Proposal C-3).356 42 U.S.C. § 4331(b).357 Id. at § 4344(3).CEES 97 | P age
accordance with the policies set forth in this chapter (see policies above), and all agencies of theFederal Government shall:(A) utilize a systematic, interdisciplinary approach which will insure theintegrated use of the natural and social sciences and the environmentaldesign arts in planning and in decision making which may have an impacton man’s environment;(B) identify and develop methods and procedures, in consultation withthe Council on Environmental Quality established by subchapter II ofthis chapter, which will insure that presently unquantified environmentalamenities and values may be given appropriate consideration in decisionmaking along with economic and technical considerations . . . . 358Further, agencies are required to include “in every recommendation or report on proposals forlegislation and other major Federal actions significantly affecting the quality of the humanenvironment,” a detailed statement on:(i) the environmental impact of the proposed action,(ii) any adverse environmental effects which cannot be avoided should theproposal be implemented,(iii) alternatives to the proposed action,(iv) the relationship between local short-term uses of man’s environmentand the maintenance and enhancement of long-term productivity, and(v) any irreversible and irretrievable commitments of resources whichwould be involved in the proposed action should it be implemented. 359This statement is commonly referred to as an environmental impact statement (EIS). Copies ofthe EIS are made available to the President, the CEQ and to the public as provided by the publicrecords law, and the EIS accompanies the proposal through the existing agency reviewprocesses. The CEQ is explicitly authorized by executive order to issue: regulations toimplement this section; guidelines to federal agencies for the preparation of the EIS; and suchother instructions to agencies, and request such reports and other information from them, as maybe required to carry out the Council’s responsibilities under the Act. 360To the fullest extent possible, the policies, regulations, and public laws of the United States shallbe interpreted and administered in accordance with the policies set forth in NEPA and an EISshall be prepared for “major Federal actions significantly affecting the quality of the human358 42 U.S.C. § 4332(2)(A), (B) (emphasis added).359 Id. at § 4332(2)(C).360 Exec. Order No. 11514, Protection and Enhancement of Environmental Quality, (Mar. 5, 1970), amended byExec. Order No. 11991, Relating to Protection and Enhancement of Environmental Quality, (May 24, 1997).CEES 98 | P age
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THE BOUNDARIES OF EXECUTIVE AUTHORI
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Proposal IndexPage NumberA Establis
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D-01 Direct the federal Climate Cha
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I. IntroductionThis report is a fol
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• The President shall not substit
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42, Chapter 77, Subchapter III expl
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In addition, it delegates to the Pr
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C. Presidential ProclamationsThere
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2. The developed country Parties an
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A. Establish National Energy and Ca
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the Nation, paying particular atten
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The President should establish the
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The President should establish the
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This proposal is framed in terms of
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partnership is working to reduce me
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Good candidate to implement by exec
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Executive Orders. There are 30 exec
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Congress annually a comprehensive r
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The Rural Utilities Services (RUS)
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through the energy policy, has some
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Direct the EPA to work with the Chi
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private members: E.O. 12216, the Pr
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next 20 years.” 181 From the publ
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Direct the EPA to immediately begin
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- Page 58 and 59: Direct the EPA to immediately grant
- Page 60 and 61: of climate change in California are
- Page 62 and 63: Direct the EPA and DOE to collabora
- Page 64 and 65: The ATA is a private entity, and as
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- Page 70 and 71: Direct the DOT to reconvene the Cli
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- Page 78 and 79: 3. Background.OMB performs legislat
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- Page 86 and 87: This proposal is consistent with an
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- Page 92 and 93: Declare that it is the responsibili
- Page 94 and 95: 1. Statutory provisions that establ
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- Page 98 and 99: species is listed as a threatened s
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- Page 108 and 109: environment.” Based on the polici
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- Page 112 and 113: special committees but are expressl
- Page 114 and 115: Direct the federal Climate Change S
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- Page 118 and 119: E. Mobilize the MarketplaceDirect t
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(c) Performance reviews and reports
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(3) Priority for integrated gasific
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[It is the purpose of this chapter
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(i) that no low greenhouse gas emit
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(3) prepare and transmit to the Con
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42 U.S.C.A. § 13384§ 13384. Asses
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(i) Selection of projects(3) In sel
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(1) In generalThe Secretary, in con
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(b) GoalsThe program shall have the
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Subchapter II. Energy Security thro
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Subchapter IV. Energy Savings in Go
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(B) to reduce emissions of covered
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§ 17334. Actions by overseas priva
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(5) be committed to minimizing admi
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Appendix BProclamations that Addres
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8) Proc. 7150, Nov. 20, 1998, World