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ARTICLE · 27 MAY 2024

Louisiana And Texas Challenge CEQ's Finalized NEPA Amendments

On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality's...

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On May 21, 2024, a group of 20 states, including Louisiana and Texas, filed an action in North Dakota district court challenging the Council on Environmental Quality's ("CEQ") finalized amendments to its National Environmental Policy Act ("NEPA") regulations, arguing that the rule seeks expanded environmental review without statutory authority. State of Iowa v. CEQ, 1:24-cv-00089. This suit is a facial challenge to the NEPA regulations that CEQ finalized on May 1, 2024.

The finalized CEQ regulations are very similar to the proposed changes, published on July 31, 2023, and they seek to make significant changes to the NEPA process. For example, the final rule includes:

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