On Nov. 12, a federal court of appeals issued a major decision in the Marin Audubon Society v. Federal Aviation Administration case concerning the validity of National Environmental Policy Act regulations governing federal environmental reviews. The ruling will potentially have wide-ranging implications for federal permitting actions subject to NEPA reviews.

On May 21, 20 states led by Iowa and North Dakota joined in a lawsuit against the Council on Environmental Quality, seeking to overturn the ABC-opposed National Environmental Policy Act Phase 2 revisions. The complaint asserts that the CEQ’s new regulations impose unnecessarily burdensome and unworkable new rules that will delay critical projects across the country.

On May 1, the Council on Environmental Quality issued its final rule on National Environmental Policy Act Implementing Regulations Revisions Phase 2. The final rule implements wide-ranging changes that will add unnecessarily burdensome and costly provisions to the federal environmental review and permitting process.

Throughout 2023, ABC has been closely monitoring federal regulatory actions and updating ABC members through the ABC Regulatory Roundup. Several federal rules have gone into effect or are scheduled to go into effect in the near future.

On Sept. 29, ABC submitted comments with a coalition of industry stakeholders to the Council on Environmental Quality in response to a proposed rule regarding Phase 2 of revisions to the National Environmental Policy Act implementing regulations. The proposal would make wide-ranging changes that will add unnecessarily burdensome and costly provisions to the federal environmental review and permitting process.