SUPREME COURT LIMITS NEPA REVIEW OF MAJOR INFRASTRUCTURE PROJECTS IN 8-0 RULING
Axios | May 29
The Supreme Court unanimously decided Thursday to limit environmental reviews for major infrastructure projects in a case that has profound implications for President Trump's "energy dominance" agenda.
Why it matters: The justices' decision reduces the scope of reviews under the National Environmental Policy Act to focus only on immediate impacts.
Under NEPA, federal agencies must study any potentially significant environmental consequences of federal permits for infrastructure projects.
Industry officials and their supporters have long complained that NEPA reviews have grown beyond what Congress intended, often dragging out the approval process.
Driving the news: At issue in Seven County Infrastructure Coalition v. Eagle County was whether the federal Surface Transportation Board should assess climate change impacts when authorizing a railway seeking to connect Utah's crude oil to the national rail network and on to Gulf Coast refineries.
Justices determined that the U.S. Court of Appeals for the D.C. Circuit went too far in requiring regulators to look at potential effects on Gulf Coast communities.
The court, in an 8-0 opinion with Justice Neil Gorsuch recusing himself, said federal agencies are entitled to "substantial judicial deference" in NEPA cases.
Justice Sonia Sotomayor and the court's other two liberal justices said federal regulators lack the authority to take into account any harms caused by the oil that might eventually be carried on the railway...