In a significant ruling released on November 11, 2024, a split D.C. Circuit panel held that the White House Council on Environmental Quality (CEQ) exceeded its authority in issuing National Environmental Policy Act (NEPA) regulations intended to be binding on other federal agencies.

Environmental & Natural Resources partner Jeffrey Knight told Law360 that the incoming President-elect Trump administration might agree with the decision that CEQ currently lacks congressional authority to issue binding NEPA regulations.

Knight added that the new administration could independently act to reverse two sets of Biden-era CEQ rules: one in 2020 that rolled back changes from Trump’s first term and another in 2024 mandating agencies to consider cumulative climate impacts and environmental justice issues, among others.

“For project proponents who are interested in more simplicity—in streamlining and consistent, predictable outcomes—having CEQ regulations out there that all federal agencies must comply with might be a desirable thing,” he concluded.

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