CEQ’s NEPA Rule Faces ‘All-But-Inevitable’ Legal Challenges, Experts Say

May 8, 2024
The Biden administration’s newly finalized Phase 2 National Environmental Policy Act (NEPA) rule is slated to face almost certain legal challenges, many experts say, particularly over provisions that mandate mitigation and elevate climate change and environmental justice (EJ) considerations. But others are downplaying the significance of the Biden administration’s changes and caution that challengers may face procedural hurdles, just as environmentalists did when they unsuccessfully sought to challenge the Trump administration’s 2020 NEPA rules. Legal challenges to the Council on...


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