Separating Holding From Dicta: Marin Audubon v. FAA

July 2025
Citation:
55
Issue
4
Author
Justin L. McCarthy

In Marin Audubon Society v. Federal Aviation Administration, a divided panel for the D.C. Circuit cast significant doubt on the continued durability of CEQ’s NEPA regulations, stating that the agency lacked the authority to issue binding regulations governing federal agencies’ compliance with NEPA. This Comment argues that on closer examination of the court’s legal reasoning, these sweeping statements concerning CEQ’s regulatory authority actually amount to nonbinding dicta. The author further contends that even if these statements were not dicta, the Marin Audubon decision suffers from multiple errors in reasoning.

Justin L. McCarthy is a 2025 graduate of the University of Oregon School of Law.