A recent ruling by U.S. District Court Judge Dan Traynor in North Dakota has dealt a major blow to the federal Council on Environmental Quality, finding that the agency has been exercising regulatory authority it does not actually possess. The judge struck down a 2024 regulation issued by the council that amended the environmental review process for federally funded projects, including pipelines and infrastructure. This decision followed a previous ruling by the U.S. Court of Appeals questioning the council’s regulatory authority.
The lawsuit against the council was filed by 21 Republican-led states, arguing that the 2024 rule imposed unnecessary requirements that would hinder important infrastructure projects. On the other side, a group of states and advocacy organizations supported the council, emphasizing the importance of its work in implementing the National Environmental Policy Act.
Judge Traynor’s ruling reinstated a 2020 rule introduced by the Trump administration, overturning the 2024 regulation. This decision has sparked debate about the power and limitations of administrative agencies, and the need for clear legislative guidance in matters of environmental regulation.
Environmental advocates have expressed concern that the ruling will weaken environmental reviews and harm communities already facing environmental challenges. The decision also raises questions about the legality of other executive orders by the Trump administration that roll back environmental regulations. Overall, the ruling has significant implications for environmental policy and regulatory practice at the federal level.
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