Federal Environmental Council: States’ NEPA Challenge Fails, Dismissal Warranted

(December 2, 2020, 12:38 PM EST) -- SAN FRANCISCO — The Council of Environmental Quality (CEQ) on Dec. 1 moved in California federal court to dismiss a lawsuit brought by numerous state attorneys general who say the CEQ exceeded its authority then it changed the National Environmental Policy Act (NEPA), arguing that jurisdiction is lacking.  The CEQ also says that if the changes to NEPA are ever applied to a specific action and the states are harmed, they can then mount a legal challenge (California, et al. v. Council on Environmental Quality, No. 20-6057, N.D. Calif.)....

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