by Nick Pope
The Daily Caller
Eco-activists sued the federal government to stop activity they did not like, but a bombshell Tuesday ruling in that case from a federal appeals court may end up weakening a regulatory system that has served environmentalists well for years.
The U.S. Court of Appeals for the D.C. Circuit ruled in Marin Audubon Society v. Federal Aviation Authority (FAA) that the White House Council on Environmental Quality (CEQ) does not have the legal authority to issue National Environmental Policy Act (NEPA) rules. Environmentalists have used NEPA as an avenue of legal attack against disfavored infrastructure projects — particularly oil- and gas-related developments — for years, with long delays pushing back timelines and driving up costs for builders even when the challenges themselves fail, according to analysis conducted by the Breakthrough Institute…
Steve Milloy, a senior fellow at the Energy and Environment Legal Institute, applauded the ruling, saying that it represents a major step toward placing rulemaking authority back in Congress’ hands.
“What’s not to like? The Executive branch can’t issue regulations without congressional authorization. That is Constitutional Law 101,” Milloy told the DCNF. “NEPA has to be fixed by Congress. It can’t be done through CEQ, which is not authorized to do so.”
