https://northwesternlawreview.org/articles/extraordinary-and-highly-controversial-federal-research-of-solar-geoengineering-under-nepa/

"Extraordinary” and “Highly Controversial”: Federal Research of Solar
Geoengineering Under NEPA
Corbett, Charles R. | March 13, 2021
Congress recently instructed the National Oceanic and Atmospheric
Administration (NOAA) to investigate stratospheric aerosols, materials that
could be injected in the atmosphere as a means of solar climate
intervention. This action has been widely interpreted as the first-ever
federal research project into solar geoengineering—proposals to slightly
“dim the sun” to limit the harms of climate change. This Essay argues that
NOAA should use its discretion to conduct a programmatic environmental
assessment under the National Environmental Policy Act (NEPA) as an initial
step in governing this research program. Federal research into solar
geoengineering is an extraordinary and highly controversial policy. The
agency should carefully consider the environmental, social, and political
impacts that may come with this undertaking. Further, the public deserves
an opportunity to weigh in on the matter and to be apprised of its
potential benefits and risks. NEPA provides a rigorous framework for doing
just that.

Author
Emmett Climate Engineering Fellow in Environmental Law and Policy, Emmett
Institute, UCLA School of Law 2019–2021. My thanks to Holly Buck, Leilani
Doktor, Sean Hecht, Ted Parson, Jesse Reynolds, Shuchi Talati, and Daniele
Visioni for their comments and assistance. This Essay builds on an analysis
published in a blog post on Legal Planet in February 2020.

Copyright 2021 by Charles R. Corbett

Cite as: Charles R. Corbett, “Extraordinary” and “Highly Controversial”:
Federal Research of Solar Geoengineering Under NEPA, 115 Nw. U. L. Rev.
Online 240 (2021),
https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1307&context=nulr_online&fbclid=IwAR0kQGReczRbpsuRrn1WgZnh5QI2QwEsULw5irDYt1fBz-cCKoN6vtMY-as
.

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