Assessing the recission of the Council on Environmental Quality’s (CEQ) National Environmental Policy Act (NEPA) regulations in response to a White House executive order, Strom and Tomasi wrote in a February 2025 blog cited in the article that it created “significant legal uncertainty” for project developers.
“Until federal courts establish a new ‘doctrine’ for sufficiency of NEPA review in the post-CEQ NEPA regulations world, the future for NEPA lawsuits will likely be fact- and court-specific, potentially leading to variation between circuits and greater uncertainty for infrastructure projects,” the authors added.
