An ELI & Tulane Center for Environmental Law Public Webinar
The National Environmental Policy Act (NEPA) has guided federal decisionmakers since it was enacted more than 55 years ago. Often described as the Magna Carta of U.S. federal environmental law, NEPA requires agencies to analyze the environmental impacts of their proposed actions and study alternatives. NEPA also created the Council on Environmental Quality (CEQ), who since the 1970s have supplied the regulatory framework to guide agencies in the NEPA process.
The current NEPA landscape and the role of CEQ however, is unsettled. On February 25, CEQ issued an interim final rule, "Removal of National Environmental Policy Act Implementing Regulations, " in response to a January Executive Order (No.14154) that stripped CEQ of its existing authority to issue binding regulations. The interim final rule, effective April 11, removes fully all NEPA regulations. The same day, CEQ issued a guidance document intended to provide instructions to agencies for how to conduct their NEPA reviews, giving them twelve months to revise their NEPA procedures. Comments on the interim final rule are due by March 27.
Federal courts have also issued major NEPA decisions related to CEQ's regulatory authority in the past several months, including in Marin Audubon v. FAA in the U.S. Court of Appeals for the D.C. Circuit and in Iowa v. CEQ in the U.S. District Court for the District of North Dakota.
Join expert panelists for a moderated discussion and Q&A to explore these recent developments and what they mean for federal and state environmental law. Questions may cover:
- What role does NEPA continue to play?
- What does this mean for agency NEPA regulations?
- What is CEQ's role?
- How will courts handle NEPA cases?
- What is the role of agency deference in implementing NEPA?
Suggested Reading:
James M. McElfish, Jr., Uncharted Territory for NEPA
James M. McElfish, Jr., NEPA Regulations' Demise?
Jarryd Page, What Next for NEPA? Takeaways from the D.C. Circuit's Dramatic Decision
Speakers:
Jarryd Page, Staff Attorney, Environmental Law Institute, Moderator
Ted Boling, Partner, Perkins Coie
Jamie Pleune, Research Associate Professor, University of Utah College of Law
Stephen Schima, Senior Legislative Counsel, Earthjustice
Materials:
Materials will be posted as they are received.
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