Environmentalists Insist Challenge To NEPA Overhaul Is Ripe
Law360 (September 2, 2020, 3:54 PM EDT) -- Environmental groups have blasted the Trump administration's argument that its overhaul of the National Environmental Policy Act can't be challenged yet because it hasn't been implemented, saying Wednesday the rule's plain language makes it binding on all federal agencies as soon as it goes into effect.
The White House Council on Environmental Quality, which published the NEPA rule in July, is trying to upend the longstanding, widely accepted ability of parties to directly challenge rulemakings, green groups including Wild Virginia said. They said the CEQ is trying to raise the bar for lawsuits to a level that would make it impossible for...
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