D.C. Circuit majority opinion that CEQ regulations constitute ultra vires action should be considered dicta if the decision is allowed to stand.
On November 12, 2024, the D.C. Circuit, in a split 2-1 decision in Marin...more
11/15/2024
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CEQA ,
En Banc Review ,
Environmental Assessments ,
Environmental Litigation ,
Executive Orders ,
Federal Aviation Administration (FAA) ,
Loper Bright Enterprises v Raimondo ,
National Park Service ,
NEPA ,
Regulatory Agenda ,
SCOTUS ,
Separation of Powers ,
Statutory Authority ,
Ultra Vires
As previously described here, on July 16, 2020, the Council on Environmental Quality (CEQ) issued the first major revisions to its National Environmental Policy Act (NEPA) regulations since 1978, which become effective on...more
On July 16, 2020, the Council on Environmental Quality (CEQ) published its final rule in the Federal Register revising the National Environmental Policy Act (NEPA) regulations (Rule). This Rule, which is scheduled to go into...more
In a detailed opinion, U.S. District Court Judge James O. Browning of the District of New Mexico sided squarely with the Bureau of Land Management (BLM) and the oil and gas operators, represented by Holland & Hart’s...more