D.C. Circuit’s CEQ Ruling Hangs Over Rare High Court NEPA Arguments

The Supreme Court is slated to hold oral arguments next week in a National Environmental Policy Act (NEPA) suit that focuses on whether federal agencies must study “reasonably foreseeable” effects over which they lack statutory authority to regulate, the first NEPA suit the high court has heard in two decades. But the Dec. 10 oral arguments come against the backdrop of the recent bombshell appellate decision finding that the White House Council on Environmental Quality (CEQ) lacks authority to issue...