Supreme Court Weighs in on NEPA's Scope and Environmental Reviews
Information from E&E News/Energywire
The U.S. Supreme Court is currently reviewing a critical case that could reshape how federal agencies assess environmental impacts under the National Environmental Policy Act (NEPA). The case, Seven County Infrastructure Coalition v. Eagle County, Colorado, revolves around whether the Surface Transportation Board (STB) should expand its environmental review for a proposed 88-mile crude oil rail line in northeastern Utah. Environmental groups argue that the project could exacerbate pollution, but the oil industry contends that far-reaching NEPA analyses are burdensome and unnecessary for impacts that are "remote in time or space."
During oral arguments, justices expressed frustration with overly broad interpretations of NEPA and seemed inclined to allow agencies more discretion in determining the scope of their reviews. The court’s position, likely to be clarified by a ruling next summer, could provide guidance on whether agencies must consider indirect environmental effects, such as increased air pollution from oil refining, that might not be immediately linked to the project itself.
Environmental law experts believe the justices may reaffirm the 2004 Public Citizen decision, which set limits on the environmental effects agencies must consider. This would narrow the scope of NEPA reviews, making it less likely for courts to require agencies to study long-term or distant environmental consequences.
The court's decision could signal a shift toward more targeted environmental reviews for major infrastructure projects, offering agencies more flexibility in their analysis. This case comes at a time when the Biden administration is focused on climate change, but also as former President Trump has voiced support for expedited environmental reviews for large-scale projects, such as oil and gas infrastructure.
While the court seems poised to provide greater leeway to agencies in defining their environmental review processes, the exact limits of NEPA’s scope remain uncertain, with implications for future environmental policy and infrastructure development.
