D.C. Circuit Invalidates NEPA Regulations

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 because NEPA does not grant CEQ the authority to issue rules binding on other federal agencies. The Court's ruling is likely to send shockwaves through the regulated and regulator communities alike and may result in no small degree of confusion as federal agencies, project proponents and courts grapple with the implications of the decision.

In Marin Audubon Society v. Federal Aviation Administration, a number of organizations challenged a plan adopted by the Federal Aviation Administration (FAA) and the National Park Service (NPS) pursuant to the National Parks Air Tour management Act of 2000 (Tour Act) that regulates tourist flights over four national parks near San Francisco, California (California Plan).The Tour Act requires the FAA and NPS to