Yes, that CEQ...Council for Environmental Quality - the one that makes up imaginary environmental regulations. They finally got nailed by the DC Circuit Court of Appeals - and I'm sure this will be challenged and go to SCOTUS eventually.
This would seem to be more fallout from Chevron?
Quote:
On Tuesday, judges with the D.C. Circuit Court of Appeals ruled that the White House's Council on Environmental Quality (CEQ) cannot issue regulations pertaining to the National Environmental Policy Act (NEPA) one of the nation's bedrock environmental laws.
NEPA is a statute that requires the federal government to assess environmental impacts of a range of potential actions, including allowing certain energy and infrastructure projects to move forward.
But, how it does so has long been up to the White House though the court took aim at that longstanding practice in its ruling.
"The Constitution does not permit the President to seize for himself the 'law-making power of Congress' by issuing an order that, 'like a statute, authorizes a government official to promulgate . . . rules and regulations,'" said the majority opinion, authored by A. Raymond Randolph, a George H.W. Bush appointee.
"CEQ therefore had no lawful authority to promulgate these regulations," he added.
https://thehill.com/policy/energy-environment/4989253-court-white-house-environmental-nepa-regulations/