News & Analysis as of

National Environmental Policy Act National Park Service CEQ

Nossaman LLP

Future Uncertain for National Environmental Policy Act Implementation

Nossaman LLP on

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

Nossaman LLP

Parties Seek Rehearing in Marin Audubon v. Federal Aviation Administration

Nossaman LLP on

In a sign of the times, both petitioners and respondents filed petitions for rehearing en banc of the recent decision of a split panel of the United States Court of Appeals for the D.C. Circuit that held that the Council on...more

DLA Piper

DC Circuit rules White House CEQ lacks statutory authority to issue binding regulations under NEPA

DLA Piper on

A split panel for the US Court of Appeals for the District of Columbia Circuit (DC Circuit) ruled on November 12, 2024, in Marin Audubon Society, et al. v. Federal Aviation Administration, et al. (Marin Audubon Society)...more

ArentFox Schiff

DC Circuit Questions Validity of Longstanding Council for Environmental Quality Regulations Implementing NEPA

ArentFox Schiff on

In a departure from past jurisprudence, a recent DC Circuit decision questioned whether the White House Council on Environmental Quality (CEQ) had the legal authority to issue key regulations under the National Environmental...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

Vorys, Sater, Seymour and Pease LLP

D.C. Circuit Issues Ruling that Could Affect NEPA Compliance

Clients regulated by, or who have contracts with government agencies regulated by, the National Environmental Policy Act (NEPA) should be aware of a major, recent court decision. On November 12, 2024, the D.C. Circuit Court...more

Allen Matkins

Unexpected Court Ruling Raises Substantial Questions About National Environmental Policy Act (NEPA) Regulations

Allen Matkins on

In a surprise monumental decision, the U.S. Court of Appeals for the D.C. Circuit held that the White House Council on Environmental Quality (CEQ) has no authority to issue regulations implementing NEPA and that CEQ’s NEPA...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

Nossaman LLP

D.C. Circuit Invalidates NEPA Regulations

Nossaman LLP on

On November 12, 2024, a divided (2-1) panel of the U.S. Court of Appeals for the D.C. Circuit issued a ruling invalidating the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations...more

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