News & Analysis as of

Federal Aviation Administration (FAA) En Banc Review

Goldberg Segalla

Navigating NEPA in the New Year

Goldberg Segalla on

On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more

Best Best & Krieger LLP

Split D.C. Circuit Panel Holds that CEQ Lacks Authority to Issue NEPA Regulations

Best Best & Krieger LLP on

On November 12, 2024, the D.C. Circuit Court of Appeals issued a ruling in Marin Audubon Society v. Federal Aviation Administration holding that the White House Council on Environmental Quality (CEQ) lacks the authority to...more

Baker Botts L.L.P.

Longstanding NEPA Rules in Doubt After Major D.C. Circuit Ruling

Baker Botts L.L.P. on

On November 12, 2024, the U.S. Court of Appeals for the D.C. Circuit issued a decision that goes to the heart of how the National Environmental Policy Act is implemented. In Marin Audubon Society v. Federal Aviation...more

Holland & Hart LLP

Marin Audubon Should Not Upend the NEPA Process

Holland & Hart LLP on

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

Pierce Atwood LLP

Split D.C. Circuit Discards CEQ’s NEPA Regulations

Pierce Atwood LLP on

On November 12, 2024, a split panel of the D.C. Circuit Court of Appeals declined to address whether the FAA complied with the White House Council on Environmental Quality (CEQ) NEPA regulations because those regulations are...more

Cozen O'Connor

California Seeks en Banc Review of Ninth Circuit Decision Paving Way to Airport Expansion

Cozen O'Connor on

California AG Rob Bonta filed a petition for a rehearing en banc before the U.S. Court of Appeals for the Ninth Circuit in Center for Community Action & Environmental Justice et al. v. Federal Aviation Administration et al.,...more

Ballard Spahr LLP

Possible Supreme Court Review of California’s “McGill Rule” Moves One Step Closer as Ninth Circuit Stays Mandates in Blair Appeals

Ballard Spahr LLP on

After denying the defendants’ petitions for panel and en banc rehearing in the Blair v. Rent-a-Center appeals, the Ninth Circuit has granted their motions to stay the issuance of the Court’s mandates for 90 days pending the...more

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