The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo, which dispensed with the deferential treatment of regulations by the agencies charged with administering those statutes under the Chevron doctrine, is likely to play an outsized role in State of Iowa v. Council on Environmental Quality.
This case, now pending in the U.S. District Court for the District of North Dakota, is a challenge filed by 20 states against the Biden administration's National Environmental Policy Act Implementing Regulations Revisions Phase 2, promulgated earlier this year by the White House's Council on Environmental Quality.
LINKS
Read “How Loper Bright Weakens NEPA Enviro Justice Strategy,” co-authored by Stacey Bosshardt, published by Law360 UK. (subscription)