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D.C. Circuit Issues Surprise Holding in NEPA Dispute: CEQ Regulations are Non-Binding

In Marin Audubon Society v. Federal Aviation Administration, No. 23-1067 (D.C. Cir. Nov. 12, 2024), the United States Court of Appeals for the District of Columbia Circuit unexpectedly held that, despite nearly fifty years of precedent, the White House’s Council on Environmental Quality (“CEQ”) lacks the authority to promulgate binding regulations for the purpose of implementing the National Environmental Policy Act (“NEPA”).

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