Presidential Declaration of Climate Emergency: NEA and Stafford Act

This report 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.).

NEA and Stafford Act declarations are distinct and have different implications. An NEA declaration of emergency does not invoke Stafford Act authorities, and vice versa. NEA declarations are generally considered efforts to protect the whole nation; Stafford Act declarations are generally for incidents that affect a specific state/territory/tribe. In certain cases, both may be invoked simultaneously, as with the COVID-19 pandemic response.