White House, Industry Look To Sink NEPA Overhaul Challenge

Law360 (August 26, 2020, 4:50 PM EDT) -- The White House says its overhaul of the National Environmental Policy Act can't be challenged yet because it hasn't been implemented, telling a Virginia federal court environmental groups jumped the gun with a lawsuit.

In two motions filed Tuesday, the White House Council on Environmental Quality and industry groups including the American Farm Bureau Federation, the American Petroleum Institute and the National Cattlemen's Beef Association said that environmental groups have no standing to challenge the NEPA changes because they can't allege specific harms from implementation of the rule. The government and trade groups pushed the court to throw out the NEPA...

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