U.S. Code » Title 42 » Chapter CHAPTER 55— NATIONAL ENVIRONMENTAL POLICY › Subchapter SUBCHAPTER II— COUNCIL ON ENVIRONMENTAL QUALITY

42 U.S.C. § 4344

Duties and functions

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It shall be the duty and function of the Council—(1) to assist and advise the President in the preparation of the Environmental Quality Report required by section 4341 11 See References in Text note below. of this title;(2) to gather timely and authoritative information concerning the conditions and trends in the quality of the environment both current and prospective, to analyze and interpret such information for the purpose of determining whether such conditions and trends are interfering, or are likely to interfere, with the achievement of the policy set forth in subchapter I of this chapter, and to compile and submit to the President studies relating to such conditions and trends;(3) to review and appraise the various programs and activities of the Federal Government in the light of the policy set forth in subchapter I of this chapter for the purpose of determining the extent to which such programs and activities are contributing to the achievement of such policy, and to make recommendations to the President with respect thereto;(4) to develop and recommend 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 goals of the Nation;(5) to conduct investigations, studies, surveys, research, and analyses relating to ecological systems and environmental quality;(6) to document and define changes in the natural environment, including the plant and animal systems, and to accumulate necessary data and other information for a continuing analysis of these changes or trends and an interpretation of their underlying causes;(7) to report at least once each year to the President on the state and condition of the environment; and(8) to make and furnish such studies, reports thereon, and recommendations with respect to matters of policy and legislation as the President may request.(Pub. L. 91–190, title II, § 204, Jan. 1, 1970, 83 Stat. 855.)Editorial NotesReferences in Text

Section 4341 of this title, referred to in par. (1), was omitted from the Code.

Executive DocumentsTransfer of Functions

So much of functions of Council on Environmental Quality under par. (5) of this section as pertains to ecological systems transferred to Administrator of Environmental Protection Agency by Reorg. Plan No. 3 of 1970, § 2(a)(5), eff. Dec. 2, 1970, 35 F.R. 15623, 84 Stat. 2086, set out under section 4321 of this title.

Notes of Decisions
Cited in 39 cases (3 in the last 5 years), 1971–2022 · leading case: Sierra Club v. Fed. Energy Regulatory Comm'n, 867 F.3d 1357 (D.C. Cir. 2017).
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Sierra Club v. Fed. Energy Regulatory Comm'n, 867 F.3d 1357 (D.C. Cir. 2017). · cites it 2× “” 13 include environmental-justice analysis in their NEPA reviews, and the Council on Environmental Quality, the independent agency that implements NEPA, see 42 U.S.C. § 4344 , has promulgated environmental-justice guidance for agencies, see J.”
United States v. Students Challenging Regulatory Agency Procedures (SCRAP), 412 U.S. 669 (1973). · cites it 2× “855 ; 42 U. S. C. §§ 4344 (3), (4). CEQ is, in other words, the expert ombudsman in the environmental area.”
Nevada v. Dep't of Energy, 457 F.3d 78 (D.C. Cir. 2006). “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 goals of the Nation” and “reviewing] and appraising] the various…”
Blue Lake Forest Prods., Inc. v. United States, 75 Fed. Cl. 779 (Fed. Cl. 2007). · cites it 2× “Ferio was the Counselor to the Chief of the Forest Service who assisted the Chief in the development of Forest Service policy relating to compliance with environmental and procedural laws. Ferio Decl. § 4. Mr. Ferio claimed not to provide legal advice, but nonetheless “served as…”
Andrus v. Sierra Club, 442 U.S. 347 (1979). “855 , 42 U. S. C. § 4344 (3). It is true that in the past we have been somewhat less inclined to defer to “administrative guidelines” when they have “conflicted with earlier pronouncements of the agency.”
Katherine Anne Meyer v. George Bush, Chairman, Task Force on Regulatory Relief, 981 F.2d 1288 (D.C. Cir. 1993). “42 U.S.C. § 4344 . The CEQ’s mission was later expanded by several executive orders, which made it responsible for overseeing activities of federal agencies; for coordinating federal programs related to environmental quality and for issuing guidelines to federal agencies for…”
Sierra Club, a Corp. v. Robert F. Froehlke, Sec'y of the Army, 534 F.2d 1289 (8th Cir. 1976). “The Council on Environmental Quality, created under NEPA, has formulated guidelines to assist federal agencies in the preparation of environmental impact statements for proposed federal projects under its duty “to review and appraise the various programs and activities of the…”
Los Padres Forestwatch v. Usfs, 25 F.4th 649 (9th Cir. 2022). “at 354 ; 42 U.S.C. § 4344 (4). CEQ regulations allow an agency to first prepare an environmental assessment (“EA”) for a proposed project to determine whether the environmental impact of the project is “significant enough to warrant preparation of an EIS.”
Trs. for Alaska v. Donald P. Hodel, Sec'y, United States Dep't of the Interior, 806 F.2d 1378 (9th Cir. 1986). “42 U.S.C. § 4344 . Executive order 11991 authorizing the Council to promulgate regulations does not grant the Chairman any special powers to interpret or administer the regulations.”
Minnesota Pub. Interest Rsch. Grp. & Sierra Club v. Earl v. Butz, Individually & as Sec'y of Agric.,appellants, 541 F.2d 1292 (8th Cir. 1976). “42 U.S.C. § 4344 . CEQ has formulated guidelines, codified at 40 C.”
Warm Springs Dam Task Force, Etc. v. Lieutenant Gen. William C. Gribble, Jr., Etc., 565 F.2d 549 (9th Cir. 1977). “The President’s Council on Environmental Quality (“CEQ”), charged with review of environmental impact statements for the executive branch, 42 U.S.C. § 4344 (1971), “strongly recommended” in a letter to the Corps that an investigation of the desirability of such tests be…”
Pac. Legal Found. v. The Council on Env't Quality, Pac. Legal Found. v. The Council on Env't Quality, 636 F.2d 1259 (D.C. Cir. 1980). “42 U.S.C. § 4344 . Several executive orders have expanded the Council’s functions by assigning it responsibilities for overseeing activities of federal agencies.”
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