Federal court upends decades of environmental regulations

A recent ruling by a federal appeals court has shaken up longstanding practices regarding environmental regulations in the White House. The court determined that the White House does not have the authority to issue binding environmental regulations under the National Environmental Policy Act (NEPA), a federal law that mandates environmental impact reviews before decision-making.

For over 40 years, the White House Council on Environmental Quality (CEQ) has been issuing regulations to federal agencies under NEPA. However, the court’s decision challenges this practice, stating that CEQ does not have the power to issue binding regulations to other federal agencies.

The case that brought this issue to light was Marin Audubon Society v. Federal Aviation Administration, which questioned the FAA’s compliance with NEPA in allowing tourist flights over national parks without environmental review. While the FAA’s actions were under scrutiny, it was the role of CEQ in the regulatory process that caught the court’s attention.

The court’s ruling highlighted a separation of powers issue, emphasizing that CEQ’s authority to issue regulations via an Executive Order raises concerns about the balance of power. This decision challenges the executive order signed by then-President Carter in 1977, which allowed CEQ to issue regulations instead of guidelines to federal agencies.

The court’s ruling stated that the Constitution does not permit the President to usurp the law-making power of Congress by authorizing government officials to create rules and regulations. This decision calls into question the validity of major environmental rules enacted by CEQ over the years, such as considerations for climate change in environmental analysis and the inclusion of environmental justice in federal administrative law.

While this ruling may face appeals and further review, it raises significant questions about the authority of CEQ and the White House in issuing environmental regulations. It remains to be seen how this decision will impact environmental policy moving forward.

The original article was written by Aubrie Spady for Fox News Digital.