A federal appeals court has declined to reconsider its decision striking down the White House’s power to issue National Environmental Policy Act regulations, even as it sought to limit any ripple effects of the ruling.
The U.S. Court of Appeals for the District of Columbia Circuit will not review whether a panel in November erred when it found in a 2-1 ruling that the White House Council on Environmental Quality could not regulate how agencies complete NEPA reviews of major projects like pipelines and railways.
An accompanying statement penned by Chief Judge Sri Srinivasan, and joined by six other judges, also suggested the decision on CEQ’s power may not be treated as binding by the D.C. Circuit and would not have to be followed by district courts.
The effect of the ruling may be limited. It comes as President Donald Trump on his first day in office issued an executive order that strips the agency of its rulemaking power.
