North Dakota Federal Judge Strikes Down Controversial Environmental Rule: What It Means for the Future

A federal judge in North Dakota has ruled against the Council on Environmental Quality (CEQ), stating the agency has been acting beyond its authority for years. U.S. District Court Judge Dan Traynor concluded that CEQ, established by Congress in 1969, is meant to be an advisory body rather than a rule-making one.

The judge’s ruling came after he struck down a new regulation set for 2024 that aimed to change the environmental review process for projects funded or permitted by the federal government, such as pipelines and highways. He pointed out that federal courts had largely overlooked the legality of CEQ’s actions until recently, when a D.C. Circuit Court found the agency lacked the authority to issue rules.

Traynor noted that misconceptions about CEQ’s powers had persisted for decades. He stated, “The truth is that for the past 40 years all three branches of government operated under the erroneous assumption that CEQ had authority.” This highlights a significant shift in the judicial perspective regarding environmental regulation.

His ruling follows a lawsuit initiated by 21 Republican-led states, including North Dakota. They claimed the 2024 rule added unnecessary burdens on infrastructure projects and overly emphasized issues like climate change and environmental justice. While Traynor didn’t invalidate all CEQ rules, he suggested that other regulations might also be unlawful.

North Dakota’s Attorney General expressed satisfaction with the ruling, suggesting it would promote economic development not just in the state, but nationwide. In contrast, 13 states and several environmental groups supported CEQ, arguing that its regulations are crucial for public health and environmental protection.

Traynor reinstated an earlier rule from 2020 but criticized the existing regulatory landscape as chaotic. He emphasized that Congress needs to clarify CEQ’s role if it desires the agency to have rule-making powers. His stance calls for a clearer separation of responsibilities among the legislative, executive, and judicial branches regarding law enforcement and interpretation.

Environmental advocates warned that this ruling could weaken vital protections for communities dealing with pollution. The tension between different states’ interests and environmental concerns reflects a broader debate about regulatory authority and the balance between development and protection.

As this situation develops, it underscores the ongoing challenges in environmental policy and governance in the United States.

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