42 U.S.C. § 4342

Establishment; membership; Chairman; appointments

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There is created in the Executive Office of the President a Council on Environmental Quality (hereinafter referred to as the “Council”). The Council shall be composed of three members who shall be appointed by the President to serve at his pleasure, by and with the advice and consent of the Senate. The President shall designate one of the members of the Council to serve as Chairman. Each member shall be a person who, as a result of his training, experience, and attainments, is exceptionally well qualified to analyze and interpret environmental trends and information of all kinds; to appraise programs and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter; to be conscious of and responsive to the scientific, economic, social, esthetic, and cultural needs and interests of the Nation; and to formulate and recommend national policies to promote the improvement of the quality of the environment.

Notes of Decisions
Cited in 79 cases (6 in the last 5 years), 1973–2024 · leading case: Winter v. Nat. Resources Def. Council, Inc., 555 U.S. 7 (2008).
Winter v. Nat. Resources Def. Council, Inc., 555 U.S. 7 (2008). · cites it 2× “NEPA established CEQ to assist and advise the President on environmental policy, 42 U. S. C. §4342 , and a 1977 Executive Order charged CEQ with issuing regulations to federal agencies for implementation of NEPA's procedural provisions, Exec.”
United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669 (1973). · cites it 2× “" II The Council on Environmental Quality (CEQ), created in the Executive Office of the President, 42 U. S. C. § 4342 , estimated in 1969 that this Nation produced more than 4.”
Nevada v. Dep't of Energy, 457 F.3d 78 (D.C. Cir. 2006). “” 42 U.S.C. § 4342 . Under NEPA, the CEQ is charged with, inter alia, "developing] and recommending] to the President national policies to foster and promote the improvement of environmental quality to meet the conservation, social, economic, health, and other requirements and…”
Trs. for Alaska v. Donald P. Hodel, Sec'y, United States Dep't of the Interior, 806 F.2d 1378 (9th Cir. 1986). · cites it 2× “See 42 U.S.C. §§ 4342 , 4344. . Section 1506.”
Pac. Rivers Council v. United States Forest Serv., 689 F.3d 1012 (9th Cir. 2012). · cites it 2× “” 42 U.S.C. § 4342 . PACIFIC RIVERS COUNCIL v.”
Defenders of Wildlife v. North Carolina Dep't of Transp., 762 F.3d 374 (4th Cir. 2014). “The 2008 Final Environmental Impact Statement also included the two alternatives that consisted of a long bridge in Pamlico Sound: (1) Pamlico Sound Bridge Corridor With Curved Rodanthe Terminus; and (2) Pamlico Sound Bridge Corridor With Intersection Rodanthe Terminus.”
Utah Env't Cong. v. Bosworth, 443 F.3d 732 (10th Cir. 2006). “See 42 U.S.C. §§ 4342 , 4344(3); 40 C.F.R. §§ 1501-08 .”
Colorado Wild v. United States Forest Serv., 435 F.3d 1204 (10th Cir. 2006). “See 42 U.S.C. §§ 4342 , 4344(3); 40 C.F.R. §§ 1501-08 .”
Wild Virginia v. Council on Env't Quality, 56 F.4th 281 (4th Cir. 2022). “42 U.S.C. § 4342 . CEQ has the authority to promulgate regulations implementing NEPA.”
Defenders of Wildlife v. Babbitt, 130 F. Supp. 2d 121 (D.D.C. 2001). “The Council on Economic Quality ("CEQ”), an agency within the Executive Office of the President, has promulgated regulations implementing NEPA that are "binding on all federal agencies.”
Pac. Rivers Council v. United States Forest Serv., 668 F.3d 609 (9th Cir. 2012). · cites it 2× “" 42 U.S.C. § 4342 . [6] "In general, the changes proposed in [the 2004 Framework] are designed to meet the intent of the standards and guidelines in [the previous Framework], but allow flexibility to design management practices [to] address local conditions.”
All. to Protect Nantucket Sound, Inc. v. United States Dep't of the Army, 398 F.3d 105 (1st Cir. 2005). “See 42 U.S.C. §§ 4342 , 4344. Appellants argue that the Corps violated CEQ regulations by failing to circulate for public comment a draft EA and FONSI.”
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