Regulations issued by the Council on Environmental Quality (CEQ) are being rescinded following a Trump Executive Order. This move initiates the dismantling of what has been described as one of environmentalists' primary tools to halt productive land use.
On January 27th, American Stewards of Liberty reported on a lawsuit named "Marin Audubon Society, et al v. Federal Aviation Administration et al." The U.S. Court of Appeals decided on November 12, 2024, that the CEQ lacked authority to issue judicially enforceable regulations under the National Environmental Policy Act (NEPA).
Originally, NEPA was a four-page act requiring federal consideration of environmental impacts before major actions. Congress intended this for significant projects like nuclear facilities near residential areas. However, NEPA has evolved into a complex system of analysis and procedural hurdles due to CEQ's regulations, which some argue have turned it into a political tool against productive activities.
With the court's decision indicating Congress did not authorize CEQ to issue NEPA regulations, the Trump Administration sees an opportunity to realign NEPA with Congressional intent. One of President Trump's initial actions was signing Executive Order 14154, titled "Unleashing American Energy." This order rescinded EO 11991 from President Carter in 1977, which had directed CEQ to draft and enforce NEPA regulations.
The court views Carter's authorization as federal overreach since Congress did not delegate this authority to the President or agencies. Because CEQ's NEPA regulations were established by executive order, President Trump can rescind them similarly.
Following EO 14154, on February 20th, CEQ issued an Interim Final Rule in the Federal Register to rescind its NEPA regulations. The order also directs CEQ to guide agencies on implementing NEPA and coordinate revising their implementing regulations. The rule will rescind CEQ’s NEPA regulations within 30 days of publication.
Historically, federal agencies conformed to CEQ’s NEPA regulations but Trump's EO allows them flexibility in using or amending those procedures without retroactive changes in practice. Additionally, EO 14154 instructs CEQ to guide agencies in amending their post-Carter era NEPA regulations.
While multiple lawsuits are expected over this rule change, it is asserted that the President holds constitutional authority to rescind previous executive orders.
Information from this article can be found here.
