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Did the Courts Just Nuke Environmental Review?

Statecraft

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Judicial Interpretations of Environmental Regulations

This chapter explores a recent court case concerning environmental review, focusing on judges' approaches to contentious issues within the National Environmental Policy Act (NEPA). It delves into the implications of judicial decisions on Council on Environmental Quality (CEQ) regulations and the enforceability of these guidelines. The discussion highlights the interactions among agencies, project proponents, and environmental litigators, and contemplates the potential for legal shifts to alter agency behavior in environmental assessments.

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