Description of the blog
In a significant victory for permitting reform, the U.S. Supreme Court on May 29 issued an opinion in the case Seven County Infrastructure Coalition v. Eagle County, Colorado, establishing that federal environmental reviews must be reasonable in scope.
This decision will help ensure that federal agencies properly consider important environmental protections without causing unnecessary delays and increased costs for critical infrastructure projects.
ABC played an important role in this outcome by joining industry partners in filing a Sept. 4, 2024, amicus brief in support of properly focused environmental reviews under the National Environmental Policy Act.
In the case, the court considered whether NEPA requires that agencies consider environmental impacts beyond the immediate effects of their regulatory decision.
The Supreme Court’s opinion, in alignment with ABC’s amicus brief, ruled that, under NEPA, the Surface Transportation Board was not required to consider distant environmental effects in approving construction of a new rail line.
The decision directed courts to give “substantial deference” to federal agency determinations regarding which information must be included in environmental reviews and stated that NEPA does not require agencies to consider the impact of activities and projects “separate in time or place” from the project before the agency.
Annual Partners