Inside EPA - 01/31/2020

CEQ Could Face ‘Mess’ Of Legal Challenges Once It Completes NEPA Rule

January 27, 2020
If the White House finalizes its recent proposal to significantly scale back how agencies must conduct National Environmental Policy Act (NEPA) reviews of major federal actions, the policy likely will face a complex array of legal challenges in multiple venues, threatening to undermine clarity on agencies’ responsibilities. The Council on Environmental Quality’s (CEQ) rule likely will be subject to both facial and as-applied challenges, though some lawyers are warning that petitioners may face heavy procedural hurdles to bring facial challenges...

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