Decades of environmental regulations are overturned by federal court.

The National Environmental Policy Act (NEPA) does not grant the White House the authority to issue binding environmental regulations, according to a federal appeals court decision that challenges decades of practice.

Federal agencies must conduct an environmental review and issue a detailed statement under NEPA before making any decisions.

The D.C. District Court of Appeals ruled that the White House Council on Environmental Quality (CEQ) lacks the authority to issue regulations on other federal agencies, despite having done so for over 40 years.

In 1977, President Carter signed an executive order allowing CEQ to issue "regulations" instead of "guidelines" to federal agencies. Nevertheless, a federal court challenged Carter's order by ruling that CEQ lacks the authority under NEPA to issue binding regulations.

The case of Marin Audubon Society v. Federal Aviation Administration led to the decision that the FAA must comply with NEPA when allowing tourist flights over national parks without environmental review.

The court's attention was drawn to the CEQ's role in the environmental regulation process.

The ruling states that the authority of CEQ to issue regulations based on an Executive Order raises a "separation of powers" issue.

"The court noted that the separation of powers and statutory interpretation issue presented by CEQ's regulations is unremarkable. However, what is truly remarkable is that this issue has remained largely undetected and undecided for so many years in so many cases."

The court determined that the Constitution does not allow the President to take the "law-making power of Congress" by issuing an order that has the same effect as a statute, allowing a government official to establish rules and regulations.

Over the years, the CEQ has implemented significant regulations, including requiring agencies to take climate change into account when conducting environmental assessments and incorporating "environmental justice" into federal legal frameworks.

The new ruling indicates that CEQ has not possessed the authority to enforce any regulations throughout its history.

The D.C. Circuit bench may face an appeal and make a final decision on the matter.