Two Federal Cases Have Potential To Affect Implementation Of NEPA

A recent decision by the D.C. Circuit and a case pending before the U.S. Supreme Court have the potential to significantly affect implementation of the National Environmental Policy Act (NEPA), which requires federal agencies to consider the environmental impacts of major actions.

Marin Audubon Society v. Federal Aviation Administration

On Tuesday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit issued a 2-1 per curiam decision in Marin Audubon Society v. Federal Aviation Administration holding, sua sponte, that NEPA did not grant the White House Council on Environmental Quality (CEQ) the authority to promulgate binding regulations, upending nearly a half-century of administrative practice.