• Skip to main content
  • Home
  • Contact
  • About
  • Search
    • Search US
    • Search Global
  • Global Litigation
  • U.S. Litigation

Environmental Justice Health Alliance v. Council on Environmental Quality

Filing Date: 2020
Case Categories:
  • Federal Statutory Claims
    • NEPA
Principal Laws:
Administrative Procedure Act (APA), National Environmental Policy Act (NEPA)
Description: Challenge to amendments of the National Environmental Policy Act regulations.
  • Environmental Justice Health Alliance for Chemical Policy Reform v. Council on Environmental Quality
    Docket number(s): 1:20-cv-06143
    Court/Admin Entity: S.D.N.Y.
    Case Documents:
    Filing Date Type File Action Taken Summary
    08/25/2022 Order Download Case stayed for an additional 120 days.
    08/19/2022 Status Report Download Joint status report filed requesting 120-day continuation of stay of proceedings.
    04/29/2021 Order Download Stay extended for 60 days, to June 18, 2021.
    02/16/2021 Stipulation Download Case stayed for 60 days.
    08/06/2020 Complaint Download Complaint filed. Challenge to Amended NEPA Regulations Raised Climate Change Concerns. Environmental groups filed a lawsuit in the federal district court for the Southern District of New York challenging the Council on Environmental Quality’s (CEQ’s) amendments to the National Environmental Policy Act (NEPA) regulations. The plaintiffs alleged that the amendments would cause “real, foreseeable harms to people, communities, and the natural environment” and would cause agencies “to disregard, rather than disclose and consider, carbon pollution that threatens the integrity of our climate.” The complaint described some of the “[c]ountless unnecessary environmental harms” that plaintiffs alleged had been “identified, disclosed, and often avoided, simply because NEPA requires federal agencies to think before they act.” The plaintiffs characterized the amendments as an attempt “to revise a statute that Congress has been unwilling to repeal and rewrite” and asserted that defects in the rule rendered it illegal under the standards of the Administrative Procedure Act. Among the defects alleged in the complaint were the elimination of the requirement to consider cumulative impacts and indirect effects (which the plaintiffs alleged would make it “extremely difficult” to consider a project’s effects, including climate change impacts, on environmental justice communities) and a failure to consider and adequately address public comments (including comments that eliminating the requirement to analyze indirect and cumulative effects would prevent assessment of the impacts of federal actions on climate change).

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.