A federal appeals court has ruled that the White House does not have the authority to issue binding environmental regulations under the National Environmental Policy Act (NEPA), overturning decades of practice.
NEPA is a federal law that requires federal agencies to conduct environmental impact reviews and issue a “detailed statement” of their environmental reviews before making decisions.
In a split decision Tuesday, the Washington, D.C., District Court of Appeals ruled that the White House Council on Environmental Quality (CEQ), which was created to guide agencies to comply with NEPA, does not have the same authority as other federal agencies. The court ruled that it did not have the authority to issue regulations. Over 40 years.
In 1977, then-President Carter signed an executive order allowing CEQ to begin issuing “regulations” rather than “guidelines” to federal agencies. However, a federal court challenged Carter’s executive order and ruled that CEQ was not authorized to issue binding regulations under NEPA.
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The decision stems from the Marine Audubon Society v. Federal Aviation Administration case, which challenged the Federal Aviation Administration’s NEPA compliance after the agency allowed tourist flights over national parks without an environmental review. .
However, CEQ’s role in the environmental regulatory process attracted the court’s attention.
“Here, CEQ’s authority to issue regulations pursuant to an executive order inherently raises ‘separation of powers’ issues,” the ruling states.
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“Thus, the separation of powers and statutory interpretation issues raised by the CEQ regulations are not noteworthy,” the court continued. “What’s so remarkable is that this problem has so often remained largely undetected and unresolved for many years.”
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The court held that, “The Constitution does not allow the president to take over the “legislative power of Congress” by issuing orders that “authorize government officials to promulgate rules and regulations similar to statutes.” handed down the verdict.
Over the years, CEQ has enforced important regulations, including ensuring that government agencies take climate change into account when conducting environmental analyzes and incorporating “environmental justice” into federal administrative law.
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However, the new ruling suggests that CEQ did not have the authority to enforce regulations for many years.
The case is likely to be appealed, with a final decision by the full D.C. Circuit bench.
