ELR Citation: 53 ELR 20003
No(s). 21-1839 (4th Cir. Dec 22, 2022)

The Fourth Circuit affirmed dismissal of a challenge to CEQ's 2020 final rule that affected how federal agencies conduct reviews under NEPA. Environmental groups filed suit shortly after the rule was promulgated and several weeks before it took effect, bringing nine APA claims and one allegation that some changes to the rule fell outside the Council's rulemaking authority. The groups then moved for a preliminary injunction, and CEQ moved to dismiss for lack of jurisdiction. A district court found the groups lacked standing and that any challenge was not yet ripe. The appellate court concluded that the groups' challenges to the 2020 rule regarding direct, indirect, and cumulative effects, and project alternatives, were moot in light of a 2022 rule that removed such challenged provisions. But it otherwise affirmed the district court's dismissal primarily on ripeness grounds, finding that all of the groups' alleged injuries were contingent upon a decision made by a third party that has yet to act.