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Statutory Authority Separation of Powers Supreme Court of the United States

Stevens & Lee

U.S. Supreme Court Readies to Decide an Important Separation of Powers Issue

Stevens & Lee on

With May having begun, we have entered the zone in which the Supreme Court will be announcing decisions in the most important cases of this term. Among them is Federal Communications Commission v. Consumers’ Research, a...more

Holland & Hart LLP

Marin Audubon Should Not Upend the NEPA Process

Holland & Hart LLP on

D.C. Circuit majority opinion that CEQ regulations constitute ultra vires action should be considered dicta if the decision is allowed to stand. On November 12, 2024, the D.C. Circuit, in a split 2-1 decision in Marin...more

Pillsbury Winthrop Shaw Pittman LLP

DC Circuit Rules White House CEQ Lacks Authority to Issue Binding NEPA Regulations

The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more

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