A legal challenge over the Biden administration’s approach to environmental permitting has shifted to questions over whether the White House even had authority to issue the rule, following a decision in an appeals court last week.
A coalition of states in May challenged a White House Council on Environmental Quality rule making changes to the environmental permitting process, arguing it illegally changes the National Environmental Policy Act’s procedures to achieve broad and vague policy goals.
Ahead of Wednesday arguments in the case at the US District Court for the District of North Dakota, the 21 state attorneys general who brought …