In a lawsuit in which 21 states challenged the Council on Environmental Quality’s (CEQ’s) 2024 amendments to its National Environmental Policy Act (NEPA) regulations, the federal district court for the District of North Dakota held that NEPA did not give CEQ authority to issue binding regulations. In addition, the court found that CEQ exceeded its authority by making changes to language regarding NEPA’s purpose, by including global effects as a factor for consideration, and by requiring review of categorical exclusions at least every 10 years. The court also found that the CEQ regulatory amendments would be arbitrary and capricious in various respects, though it rejected the plaintiff states’ argument that the 2024 rule changed “fundamental aspects of NEPA” that they had relied on pertaining to greenhouse gas emission quantification. The court vacated the 2024 amendments, leaving in place the 2020 version of the regulations. The court wrote that it “cannot think of a more serious deficiency than an agency acting without Congressional authority” and that even if another court found that there was authority, “the pervasive errors the Court has found through its analysis under the purported authority is equally disconcerting” and “seemingly reflect a motive to change NEPA into something it is not.”

Challenge to Biden administration NEPA regulations.

Iowa v. Council on Environmental Quality

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North Dakota Federal Court Vacated 2024 Amendments to NEPA Regulations

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

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A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

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Area of the economy in which actors engage in identical or related activities.

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The management and allocation of funds, assets and investments to meet various objectives

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A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

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The activities of industries that transforms raw materials into finished goods through industrial processes.

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This sector involves the wholesale and retail selling of goods.

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North Dakota Federal Court Vacated 2024 Amendments to NEPA Regulations

Policy instrument

Just transition

Fossil fuel

Greenhouse gas

Economic sector