Trump energy order disrupts NEPA cases

President Donald Trump’s "Unleashing American Energy" executive order is causing disruption in major ongoing litigation regarding the National Environmental Policy Act and the executive branch’s power to implement its regulations. The order, signed on January 20, rescinds a 1977 executive order issued by President Jimmy Carter and directs the White House Council on Environmental Quality to propose rescinding its NEPA regulations. This move has unsettled legal challenges in both the U.S. Supreme Court and the D.C. Circuit, especially in cases involving the Surface Transportation Board’s approval of a crude oil rail transport line and environmental groups’ challenges to federal agencies' actions. The Justice Department is reevaluating its stance in light of Trump’s order, adding further complexity to the legal landscape surrounding NEPA.