The D.C. Circuit Court of Appeals dropped a bombshell this week that could reshape how federal agencies implement environmental laws. In Marin Audubon Society v. FAA, the court ruled that the White House Council on Environmental Quality (CEQ) lacks authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While some are celebrating this as a win against bureaucratic overreach, the ruling creates considerable uncertainty around permitting reform. It also sets a precedent that could limit future presidents’ oversight of public employees, potentially constraining their ability to reform the administrative state.
NEPA itself primarily places obligations on federal agencies, not the private sector. It requires agencies to consider environmental impacts before making major decisions, like issuing permits. The case at hand centered around air tours over national parks near San Francisco, but the court went beyond the immediate dispute to declare CEQ’s entire regulatory framework unlawful.
The views and opinions expressed are those of the author’s and do not necessarily reflect the official policy or position of C3.
