On June 21, 2021, the U.S. District Court for the Western District of Virginia dismissed a lawsuit by environmental groups challenging a Council on Environmental Quality (CEQ) July 2020 rule changing how agencies undertake National Environmental Policy Act (NEPA) reviews. Filed in June 2020, Wild Virginia et al. v. Council on Environmental Quality et al. alleged that CEQ’s rule violated NEPA and the Administrative Procedure Act (APA) and asked that the rule be vacated. Because other federal agencies have not yet drafted the procedures implementing the rule and might never do so under the Biden administration, the court concluded that the challenge was not ripe.
On May 13, the White House Environmental Justice Advisory Council (WHEJAC or the Council) voted and agreed on recommendations to advance the Biden administration’s environmental justice (EJ) agenda. Housed within the U.S. Environmental Protection Agency (EPA), the WHEJAC was established by Executive Order (EO) 14008 to recommend to the White House Environmental Justice Interagency Council how to address current and historic EJ issues.
WHEJAC adopted recommendations of the three working groups: the Justice40 Initiative (Justice40), EO 12898, and Climate and Economic Justice Screening Tool.
On Tuesday, April 13, the White House Council on Environmental Quality (CEQ) rescinded a January 8, 2021, Trump administration rule that established guidance document procedures, procedures for the public to request withdrawal or modification of a guidance document, and procedures for significant guidance documents. (more…)