NEPA Implementation After the Marin Audubon Society Ruling: Enforceability of CEQ Rules, Impact of New Administration

This CLE webinar will discuss the D.C. Circuit's unexpected Nov. 12, 2024, decision in Marin Audubon Society v. Federal Aviation Administration and its potential implications for federal environmental review processes. Our panel will explore the ramifications of this decision for National Environmental Policy Act (NEPA) implementation and the future role of the Council on Environmental Quality's (CEQ) NEPA regulations.

In Marin Audubon Society, despite neither party having raised or briefed the issue, a three-judge panel held 2-1 that the CEQ lacks the authority to issue binding regulations under NEPA. This decision raises critical questions about the validity of existing NEPA regulations and other agency actions taken under the CEQ framework, as well as the procedural requirements for federal agencies moving forward. If the decision is not overturned by a full en banc appellate panel or by the U.S. Supreme Court, it could significantly alter the landscape of NEPA review. How the incoming Trump administration will address CEQ's regulatory authority also remains to be seen.

After the court's holding in Marin Audubon Society, federal agencies face a raft of legal issues concerning their reliance on the CEQ regulations and the unavailability of Chevron deference after Loper Bright, making individual agencies' NEPA regulations and project-specific NEPA compliance vulnerable to challenge under the Administrative Procedure Act.

Listen as our authoritative panel provides a comprehensive overview and analysis of the court's decision, its immediate impact on NEPA processes, and the broader implications for environmental law practitioners. The panel will also discuss how this ruling affects federal agency actions, the potential for increased litigation, and strategies for navigating the evolving regulatory environment.