A lawsuit before a North Dakota federal district court could upend nearly five decades of environmental regulations affecting infrastructure projects.

The Council on Environmental Quality was created through an executive order by President Richard Nixon in 1969. It implements the National Environmental Policy Act, which directs federal agencies to assess how projects under their jurisdiction will impact environmental factors like air and water quality.

A coalition of 21 Republican-led states, including North Dakota, seeks to overturn a new regulation adopted by the council that took effect in July. The states argue that the rule introduces unreasonable requirements that will slow or even sink important infrastructure including new highways, airports, bridges and water systems, and unlawfully over-emphasizes climate change and environmental justice in the environmental review process.

In a lawsuit filed in May, the states asked the court to strike down the rule, direct the council to adopt regulations consistent with federal law and reinstate a weaker version the agency enacted during President Donald Trump’s administration in 2020.

A group of 13 other states, plus the District of Columbia, New York City and a handful of advocacy groups, have joined the case on the side of the Council on Environmental Quality. The defendants argue the agency’s work is vital to protect the environment and public health, and that the 2024 rule should be left in place.

It’s possible that neither side will get what it wants. In a hearing earlier this month, U.S. District Court Judge Daniel Traynor said the Council on Environmental Quality’s entire regulatory regime may be unlawful.

The U.S. Court of Appeals for the D.C. Circuit found in a November order that the agency does not have rulemaking authority because Congress never explicitly granted it the power to implement the National Environmental Review Act. The appellate court did not strike down any of the council’s regulations, leaving it up to other courts to decide whether the rules should stand.

Traynor questioned how he could leave the regulations intact given the D.C. court’s findings. He said if he were to apply the court’s reasoning to the North Dakota case, he may conclude that all National Environmental Policy Act regulations passed by the council are void. The council issued its first rule implementing the act in 1978.

“If they have no authority, they have no authority,” Traynor said of the council. “It is a paper tiger.”

An attorney representing the Council on Environmental Quality, Gregory Cumming, rebuffed during the hearing the notion that the agency is operating without approval from Congress. The council keeps Congress apprised of its work with annual reports, he noted. If the assembly did not want the agency to pass rules, it could have passed legislation clarifying that stance, Cumming said.

Jan Hasselman — an attorney representing several advocacy groups that joined the case as defendants — said there’s a reason the council’s rulemaking authority has gone unquestioned for almost five decades.

“Nobody benefits when there’s no rules,” he told the judge. “It’s just sort of a mutually assured destruction.”

Traynor voiced skepticism that such a decision would create disarray. Even if the council’s rules disappear, other local and federal regulations would still be intact, he reasoned.

“It’s not like it becomes the wild west,” he said. 

Traynor asked the plaintiffs and defense to prepare legal briefs explaining how they would be impacted if he adopts the D.C. court’s reasoning.

The discussion came as part of a hearing on motions for summary judgment by the plaintiffs and defense. Both sides asked Traynor to decide the case in their favor without going to trial.

James Auslander, an attorney representing the plaintiff states, said the council is unlawfully and arbitrarily infringing on state sovereignty and the new rule will cause them significant economic harm.

“These are critical projects for plaintiff states and our citizens,” Auslander said.

Cumming argued the plaintiff states have not demonstrated that the new rule has actually harmed them, and that many of the components of the rule challenged as cumbersome are guidelines, not requirements.

Traynor took the motions under advisement and has yet to issue a ruling.

The 21 plaintiffs states are Iowa, North Dakota, South Dakota, Kentucky, Utah, Idaho, Wyoming, South Carolina, Kansas, Virginia, West Virginia, Tennessee, Arkansas, Florida, Georgia, Louisiana, Missouri, Montana, Nebraska, Texas and Alaska.

The 13 states that joined the defense as intervenors are California, Oregon, Washington, Massachusetts, Colorado, Michigan, Illinois, Maine, Maryland, New Jersey, New Mexico, New York and Wisconsin.

BIRMINGHAM, Ala. (AP) — Jacksen Moni’s 32 points led North Dakota State past Utah Valley 83-63 on Thursday.

Moni also contributed six rebounds for the Bison (5-4). Tajavis Miller went 5 of 5 from the field (3 for 3 from 3-point range) to add 15 points. Jacari White shot 4 for 7, including 2 for 3 from beyond the arc to finish with 12 points.

The Wolverines (4-3) were led in scoring by Carter Welling, who finished with 15 points. Osiris Grady added 10 points for Utah Valley.

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The Associated Press created this story using technology provided by Data Skrive and data from Sportradar.

Will the Scoreboard Tick Over?

There’s juice available when it comes to backing Over 143.5 points between North Dakota State and Utah Valley. Our betting prediction is priced up at 1.90 which looks worth taking.

Utah Valley Beat NDSU in their Previous Matchup

North Dakota State Bison won their previous game 73-61. This was a road victory against West Georgia Wolves.

Utah Valley Wolverines were beaten last game and this was on the road. Samford Bulldogs claimed a 84-76 win.

The last matchup between Utah Valley and North Dakota State saw the former win. It was a 68-62 scoreline.

Expert College Basketball Analysis

The team at Sportsgambler.com are right across the latest injuries and the form guide also informs our college basketball predictions. This data is combined with the latest stats.

Key North Dakota State vs Utah Valley stats:

• The 143.5 line has been covered in 12 of the last 20 NDSU games on the road.
• The 143.5 line has been covered in 3 of the last 5 NDSU games on the road.
• The 143.5 line has been covered in all of the last 5 Utah Valley games.
• The 143.5 line has been covered in 6 of the last 10 Utah Valley games.
• The 143.5 line has been covered in the last 6 Utah Valley games.

Over 143.5 points seems like a realistic outcome for this college contest. We’re taking odds of 1.90 considering that the total line looks to be too low here.

There are ways to get bigger odds by betting Over on the Totals. Bettors often look to move the line so they can land a more profitable return if the selection wins.

Over 143.5 Probability

The sportsbooks imply that our pick has a 52.6% prospect of winning. After careful examination, our analysts have this probability close to 60%. That means we’re regarding it as a value wager.

Published 08:52, 28 November 2024

Correct Score Prediction

North Dakota State vs Utah Valley Odds

The odds and lines are updated on a frequent basis. You might therefore find that they are different to the ones listed for the betting predictions and bet builder tips.

Utah Valley Made Favorites by the Books

Sportsbooks’ favorites Utah Valley are regarded as likeliest victors for this college game and the 1.42 about them triumphing means a 70% chance based on their current Moneyline betting odds. For those wanting to back North Dakota State, you will find 2.88 about the underdogs.

The spread currently stands at 6 and the total points line is 141.5. There is no denying the popularity of betting on the Totals. If you fancy Over 141.5, this outcome can be backed at 1.92.

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