On Feb. 3, a federal judge struck down ABC-opposed revisions to the National Environmental Policy Act regulations governing federal environmental reviews that were issued in May 2024.

In the case Iowa v. Council on Environmental Quality, U.S. District Court Judge Dan Traynor ruled that NEPA’s enacting legislation did not grant rulemaking authority to the White House’s Council on Environmental Quality and, therefore, CEQ cannot issue binding regulations directing how federal agencies conduct NEPA reviews.

The decision noted that therefore all NEPA regulations are likely unlawful, but did not extend its order beyond rescinding the 2024 regulations.

The court’s decision aligns with the Nov. 12, 2024, decision by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit, which similarly ruled that CEQ does not have authority to issue NEPA regulations.

These rulings provide support for President Donald Trump’s previously announced plans to completely overhaul NEPA regulations. As part of his executive order, Unleashing American Energy, President Trump rescinded the 1977 executive order granting CEQ rulemaking authority. The order further directed CEQ to propose rescinding all existing NEPA regulations and provide guidance to federal agencies on implementing NEPA in their own regulations.

The CEQ has yet to take action to implement this executive order. ABC will participate in the regulatory process to support efforts to create a coordinated, predictable and transparent process to streamline permitting while maintaining necessary environmental safeguards.

In the meantime, the ABC-supported 2020 NEPA regulations are in effect pending any further legal action by the U.S. Department of Justice or co-defendants in the case, which include environmentalist groups and a number of states.