Worst Case Analysis: The Final Chapter?
Editors' Summary: This Term, the Supreme Court will decide a case construing NEPA for the first time since 1983. The Court must decide, among other issues, whether NEPA requires federal agencies to include worst case analyses in EISs. The Court will review two Ninth Circuit cases ordering agencies to perform worst case analyses even though the Council on Environmental Quality (CEQ) removed the requirement from its NEPA regulations in 1986.