After CEQ's Rollback, Fate of NEPA May Be in Justices' Hands

Public Policy & Regulation attorneys Rafe Petersen, Jason Hill, Alexandra Ward and Maggie Pahl co-authored a Law360 article examining the interim final rule published by the White House Council on Environmental Quality (CEQ) to revoke its National Environmental Policy Act (NEPA) regulations. The article highlights the rule, which will take effect in April, and its accompanying memorandum, which largely instruct federal agencies to maintain current NEPA procedures while looking to update their regulations within the next 12 months. The authors note that CEQ's recent directives have introduced uncertainty regarding the validity of its regulations, prompting agencies to decide which version to adopt, with a preference for the 2020 amendments. The article traces the origins and evolution of CEQ, summarizes recent litigation and executive actions affecting it, and takes a deeper dive into its interim final rule and memorandum.

The authors also published a Holland & Knight alert on this topic.

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