2020 CEQ Regulations
Trump’s War Against NEPA
One of Trump’s Executive Orders Heralds a Revolution in NEPA Practice
What’s going on here is pretty obvious, It’s not “improving environmental rules.” No, the title of the subsection is “Unleashing Energy Dominance through Efficient Permitting.” Anything that gets in the way of fossil fuel development – which is what Trump means by energy dominance – is going to get steamrolled. Including the environment.
CONTINUE READINGNEPA and Loper Deference
The CEQ regulations will continue to receive deference. The question is how much.
The Supreme Court already has a NEPA case on its docket for next year. That should give the Court the chance to clarify Loper as well as the scope of CEQ’s authority.
CONTINUE READINGThe 2023 NEPA Rewrite and the Supreme Court’s New Climate Case
NEPA isn’t a common law subject. What the statute says matters more than pre-2023 judicial opinions.
When it amended NEPA in 2023, Congress squarely rejected language that would have constricted the definition of environmental impacts. The Supreme Court needs to give that language full effect, not obsess about the meaning of pre-2023 judicial opinions.The Supreme Court shouldn’t give advocates of narrowing NEPA a victory that they were unable to get through the legislative process.
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