D.C. Circuit Declines to Reconsider Decision Concluding CEQ Lacks Authority to Issue NEPA Regulations

A divided panel of the D.C. Circuit concluded that the Council on Environmental Quality lacked the statutory authority to issue binding regulations implementing the National Environmental Policy Act .

Judge Srinivasan dissented, largely on the grounds that the question of CEQ 's statutory authority was not properly before the court (as it had not been briefed).

In these circumstances, there is no cause to grant en banc rehearing. See Al-Bihani v. Obama, 619 F.3d 1 , 1 (D.C. Cir. 2010 ) ( Sentelle , C.J. , and Ginsburg , Henderson , Rogers, Tatel , Garland , & Griffith , JJ ., concurring in the denial of rehearing en banc) ("declin[ing] to en banc this 2 case" because "the panel's discussion of [the relevant] question is not necessary to the disposition of the merits")..