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Federal Judge in North Dakota strikes down environmental regulation | State


A recent ruling by a federal judge in North Dakota has found that the Council on Environmental Quality has been illegally exercising regulatory authority that it does not have. The council, established by Congress in 1969, was determined to be an advisory body and not authorized to issue rules. The judge struck down a 2024 regulation passed by the council that amended the environmental review process for federally funded projects such as pipelines and highways.

This ruling comes after a decision last year by the U.S. Court of Appeals for the D.C. Circuit also found that the council does not have the power to create rules. The judge’s order in North Dakota follows a lawsuit filed by 21 Republican-led states, including Iowa, that argued against the burdensome regulations introduced by the council. The ruling also aligns with an executive order issued by President Donald Trump in January rescinding the council’s rulemaking authority.

Earthjustice, an environmental law group that represented the council in the case, expressed concerns that the ruling will weaken environmental reviews and harm communities already struggling with pollution. The decision was celebrated by the plaintiff states, with Iowa Attorney General Brenna Bird emphasizing the importance of streamlining development projects and removing unnecessary regulations.

Overall, the ruling highlights the need for clarity in administrative agency regulations and the importance of congressional action in defining the boundaries of an agency’s authority. It also raises questions about previous executive orders from the Trump administration that rolled back environmental regulations.

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