NEPA and Loper Deference (Part II)

Legal Planet: Environmental Law and Policy 2024-12-03

Summary:

Dan provided a terrific overview of the legal issues involved in the D.C. Circuit’s recent decision holding that CEQ lacks authority to promulgate regulations and, therefore, that the regulations governing implementation of NEPA across the government for decades are ultra vires. I want to offer some additional observations focused on the potential practical implications. First, …

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Date tagged:

12/03/2024, 14:03

Date published:

12/03/2024, 10:45