CEQ’s Wings Clipped: D.C. Circuit Invalidates CEQ’s Binding Regulations

In a significant ruling, the D.C. Circuit in Marin Audubon Society v. Federal Aviation Administration held that the Council on Environmental Quality (CEQ) lacks the statutory authority to issue binding regulations under the National Environmental Policy Act (NEPA).1 The decision calls into question the legal basis for key aspects of NEPA compliance, including the use