Ever since the U.S. Court of Appeals for the D.C. Circuit declared in Marin Audubon that the Council on Environmental Quality (CEQ) had no authority to issue binding National Environmental Policy Act (NEPA) regulations,...more
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
Supreme Return. The Supreme Court of the United States kicked off its 2019 term this week with a few blockbuster oral arguments. On October 9, 2019, the Court heard oral argument in three cases concerning whether gender...more