The D.C. Circuit Court of Appeals ruled this week that federal agencies and courts have been misinterpreting a major environmental law for the last half-century, casting doubt on whether a key White House agency can actually write binding regulations on environmental policy.In an unsigned 2-1 decision, a three-judge panel concluded that the Council on Environmental Quality, or CEQ, had been issuing binding regulations in error since the late 1970s. It held that the National Environmental Policy Act of 1969, also known as NEPA, did not grant rulemaking authority to the agency—which it had nonetheless wielded since the Carter administration.The panel sounded almost surprised that it had to rea
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