D.C. Circuit Stokes The Flames By Finding CEQ Regulations Ultra Vires

The D.C. Circuit, in a surprising and splintered decision, held that the Council on Environmental Quality (CEQ) had no legal authority to promulgate the National Environmental Policy Act (NEPA) implementing regulations that have applied federal government-wide for over 45 years. Although the question was not raised or briefed by the parties, the D.C. Circuit ruled in a 2-1 opinion that CEQ's regulations are ultra vires. Judge Sri Srinivasan dissented. See Marin Audubon Society, et al. v. Federal Aviation Administration et al., No. 23-1067, U.S Court of Appeals for the District of Columbia.