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Abstract
In this article, I examine recent legal and institutional changes surrounding the Council on Environmental Quality (CEQ)’s authority to issue binding National Environmental Policy Act (NEPA) rules. Historically, CEQ has derived its power through executive orders and judicial deference thereby allowing it to play a central role in standardizing federal environmental reviews. Recent court rulings have rejected CEQ’s authority to promulgate binding rules instead characterizing its role as advisory. At the same time, recent rulemakings have rescinded key Carter-era authorities weakening CEQ’s coordination powers further. This introduces significant regulatory uncertainty, undermining uniformity in NEPA implementation and increasing litigation risk. I trace the evolution of CEQ’s rulemaking power across all three branches of government and assess the consequences of its erosion, arguing that diminished central oversight may delay infrastructure permitting, heighten compliance costs, and provoke agency divergence.