Court Rules CEQ Authority Violates Constitution

A recent ruling by the D.C. Circuit Court of Appeals has reversed decades of practice by determining that the White House's Council on Environmental Quality (CEQ) lacks authority to issue binding regulations under the National Environmental Policy Act (NEPA). This decision challenges the 1977 executive order by President Carter that allowed CEQ to issue regulations rather than guidelines. The court emphasized that this practice violates the separation of powers and the Constitution's provision against the President assuming Congress's lawmaking powers. This ruling, stemming from the Marin Audubon Society v. Federal Aviation Administration case, has significant implications for how federal environmental regulations are drafted and enforced. Meanwhile, the U.S. Environmental Protection Agency (EPA) has introduced a new methane emissions rule, which could be targeted for repeal under potential Republican leadership. This rule, created as part of the Inflation Reduction Act, imposes a 'Waste Emissions Charge' on oil and gas producers to curb methane emissions.