In July 2020, the Council on Environmental Quality (CEQ) issued its final rule updating its regulations for federal agencies to implement the National Environmental Policy (NEPA) for the first time since its creation in 1978.
These changes have been contested and have been brought to federal courts in California, Virginia, New York, and the District of Columbia for violating NEPA itself according to plaintiffs. They argue that in not preparing an environmental assessment (EA) or environmental impact statement (EIS), the council acted in violation of the National Environmental Policy. They also argue that CEQ’s final rule is “arbitrary and capricious” and improperly narrows the scope of the agency’s review.
