Submission + - US Court of Appeals upends 50 years of Environmental Law (yalejreg.com)
This holding upends almost 5 decades of administrative practice, as CEQ has been issuing regulations since the 1970s. The problem is that NEPA does not provide express rulemaking authority, and the court did not find it to be implied, either (slip. op. at 16). The court looked beyond NEPA to the other statutes listed in EO 11,991, which refer to CEQ but do not confer rulemaking authority beyond those rules “related to a fund used to finance the Office’s projects and research studies” (slip. op. at 17).
As reported in RedState: https://redstate.com/streiff/2...
This decision throws the entire environmental regulation scheme governing the federal government into chaos. I suspect that many of the CEQs regulations will be reissued by other agencies, but after Loper Bright Enterprises v. Raimondo (see The Supreme Court Firebombs the Administrative State and Tells Congress to Get Off Its Butt and Work) that slew the medusa called "Chevron deference," the survival of those replacement regulations is not assured."