On November 14, Fred Wagner was featured in InsideEPA’s article, "Industry Moves To Expand Landmark Ruling Barring CEQ’s NEPA Rules." Below is an excerpt:
Industry and conservative groups are working to expand the scope of a D.C. Circuit ruling that found the White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding NEPA rules. This landmark decision, issued by a split panel, is already being cited in high-profile litigation, including a case challenging Federal Energy Regulatory Commission (FERC) approval of a liquefied natural gas (LNG) project. The decision faces likely appeal, but its implications are already influencing ongoing disputes.
Fred Wagner, an attorney at Venable and former general counsel in the Obama administration’s Federal Highway Administration, commented on the ruling’s potential impact: “In the short term, I’m not exactly sure how influential [Marin Audubon] is going to be because the review of individual agency NEPA actions is driven in large part by those agencies’ NEPA rules themselves. The rationale of the decision won’t invalidate individual agencies' NEPA rules because agencies are mandated to comply with the law by statute.”
For the full article, click here.