White House CEQ Asks Fourth Circuit for a “Do Over” on NEPA

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On January 18, the White House Council on Environmental Quality (CEQ) urged the Fourth Circuit, U.S. Court of appeals to affirm the pre-application dismissal of environmentalists’ litigation over a Trump era rule that significantly altered how agencies utilize the National Environmental Policy Act (NEPA), including their climate analysis. CEQ argued in Wild Virginia, et al. v. CEQ, et al., (4th Cir. 21-1839) that the court should dismiss the case to accommodate replacement policies for the 2020 regulation. But environmentalists argue that key aspects of the streamlining rule would remain in effect and challenge Biden administration efforts to limit citizens’ access to courts. Groups representing a range of industries, including agriculture and energy, intervened in the dispute in August 2020 to defend the rule.

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