D.C. Circuit majority opinion that CEQ regulations constitute ultra vires action should be considered dicta if the decision is allowed to stand.
On November 12, 2024, the D.C. Circuit, in a split 2-1 decision in Marin...more
11/15/2024
/ Article II ,
CEQA ,
En Banc Review ,
Environmental Assessments ,
Environmental Litigation ,
Executive Orders ,
Federal Aviation Administration (FAA) ,
Loper Bright Enterprises v Raimondo ,
National Park Service ,
NEPA ,
Regulatory Agenda ,
SCOTUS ,
Separation of Powers ,
Statutory Authority ,
Ultra Vires
The United States Forest Service (“Forest Service”) recently announced plans to amend all its land management plans for National Forest System units, affecting 128 plans in total. The Forest Service did so in a scoping notice...more
1/4/2024
/ Bureau of Land Management ,
Conservation ,
Department of the Interior ,
Executive Orders ,
Forest Service ,
Forestry ,
NEPA ,
NFMA ,
Proposed Amendments ,
Shareholders ,
USDA
Right out of the box, the Biden Administration took a decisive stance on the importance of climate costs in agency decision making, returning to Obama-era metrics and values. On his first day in office, President Biden issued...more
3/23/2021
/ Biden Administration ,
Clean Air Act ,
Clean Power Plan ,
Climate Change ,
Endangered Species Act (ESA) ,
Environmental Policies ,
Environmental Protection Agency (EPA) ,
Executive Orders ,
Greenhouse Gas Emissions ,
Habitat Conservation Plan ,
NEPA ,
Regulatory Agenda ,
Working Groups
As previously described here, on July 16, 2020, the Council on Environmental Quality (CEQ) issued the first major revisions to its National Environmental Policy Act (NEPA) regulations since 1978, which become effective on...more
On July 16, 2020, the Council on Environmental Quality (CEQ) published its final rule in the Federal Register revising the National Environmental Policy Act (NEPA) regulations (Rule). This Rule, which is scheduled to go into...more
The Council on Environmental Quality (CEQ) opened a 30-day comment period today to solicit comments on potential revisions to its regulations for implementing the National Environmental Policy Act (NEPA). CEQ’s NEPA...more