March-April 2025

Adding Fuel to the Fires Calling for Permitting Reform: D.C. Circuit Decides Long‑Lingering Issue of Council on Environmental Quality’s Rulemaking Authority

The Journal of Federal Agency Action
Jason A. Hill | Jim Noe | Rafe Petersen | Jennifer L. Hernandez | Alexandra E. Ward | Kamran Mohiuddin
Public Policy & Regulation attorneys Jason Hill, Jim Noe, Rafe Petersen, Jennifer Hernandez, Alexandra Ward and Kamran Mohiuddin co-authored an article featured in The Journal of Federal Agency Action examining the recent U.S. Court of Appeals for the District of Columbia Circuit decision that challenges the Council on Environmental Quality's (CEQ) authority to issue binding regulations under the National Environmental Policy Act (NEPA). The article explores the implications of this ruling, particularly how it introduces uncertainty into the environmental review process for federal approvals and funding, and examines the broader impact on NEPA's implementation and agency-specific regulations moving forward.

READ: Adding Fuel to the Fires Calling for Permitting Reform: D.C. Circuit Decides Long‑Lingering Issue of Council on Environmental Quality’s Rulemaking Authority

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