Presidential Declaration of Climate
Emergency: NEA and Stafford Act
July 26, 2022
This Insight provides selected considerations related to the President’s ability to declare a climate
emergency under the National Emergencies Act (NEA; 50 U.S.C. §§1601 et seq.) and/or the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.). Table 1
lists key features of each declaration.
National Climate Emergency Declaration
During the week of July 18, 2022, media sources reported that President Joseph R. Biden Jr. was
contemplating declaring a “national climate emergency” to address the nationwide effects of climate
change. The reports did not specify the authority the President was considering leveraging. Potential
vehicles include declaration authorities provided under the NEA and/or the Stafford Act.
NEA Declaration of Emergency
President Biden likely could declare a national emergency pursuant to the NEA regarding the effects of
climate change on the United States. Although no previous President has ever declared a national
emergency under the NEA related to climate change or the environment, the statute does not explicitly
preclude such a declaration.
When declaring a national emergency under the NEA, the President generally activates one or more
emergency authorities (also referred to as “standby authorities”), which may also be invoked subsequent
to the declaration. Many of these emergency authorities are found in the U.S. Code, and they may be
related to, for example, public health, asset management, or international relations. More than 100
standby authorities are available. It is possible that some could be used to address climate change,
depending on legal interpretations and limitations on such authorities.
