EPA and NEPA’s International Cooperation Provision

Authors

• Terrence Neal, Duke Law SchoolFollow

Document Type

Article

Publication Date

2026

Abstract

The goal of this Article is to analyze and highlight EPA 's authority to undertake international activities - a topic that has been more overlooked than EPA 's foreign policy role itself. In accomplishing this goal, it places particular focus on the nature and scope of Section 102(2)(I) of the National Environmental Policy Act (NEPA). This Article asserts that Section 102(2)(I) is not merely a policy statement. It prescribes both an authorization and a discretionary duty to engage in international environmental cooperation. NEPA's text and legislative history, as well as persuasive judicial and administrative decisions, affirm this. After clarifying Section 102(2)(I)'s legal nature, this Article demonstrates how EPA may leverage this provision to bolster its legal justifications for undertaking international activities pursuant to statutes that neither preclude nor expressly authorize such activities.

Citation

Terrence Neal, EPA and NEPA’s International Cooperation Provision, 27 Vermont Journal of Environmental Law 268-290 (2026)