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Greenaction for Health and Environmental Justice v. United States Department of the Navy
A district court granted in part and denied in part the Navy's motion to dismiss a lawsuit concerning a decades-long radioactive waste cleanup at a naval shipyard in San Francisco. An environmental group argued that the Navy violated the cleanup agreement by rejecting initial strontium samples ...
The Trump Administration's Self-Inflicted Problem: Why Repealing CEQ Regulations Will Delay Infrastructure and Energy Development
For the first time in nearly 50 years, following the federal government's recission of CEQ's NEPA implementing regulations on April 11, 2025, there are no governmentwide regulations in place to provide consistent direction to all federal agencies on how to implement the governmentwide procedural obligations established by NEPA. This Comment explains the costs of eliminating the common floor that the CEQ regulations had established for federal agencies conducting the environmental analyses required to comply with NEPA’s statutory mandate, and why those costs need not have been incurred.
Separating Holding From Dicta: Marin Audubon v. FAA
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.