Water Reg Suits May Offer Preview Of Likely NEPA Challenges

Law360 (July 23, 2020, 3:28 PM EDT) -- Although predictions are notoriously hard to make — especially about the future — it is not so hard to foresee what lies ahead for the amended National Environmental Policy Act[1] regulations issued July 15[2] by the White House Council on Environmental Quality.

There will, of course, be litigation by those who assert that the CEQ's new regulations impermissibly limit the scope of environmental impacts federal agencies must complete before taking "major Federal actions significantly affecting the quality of the human environment."[3] But all or most of those challenges are overwhelmingly likely to fail, and the regulations take effect Sept. 14....

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