June 18, 2024
The Supreme Court’s NEPA Shift and Its Ripple Effect on Water Law
NEPA implementation is evolving. And change is dominating the conversation — as colleagues previously reported. Recently, in Seven County Infrastructure Coalition v. Eagle County, Colorado (Seven County), the U.S. Supreme Court reviewed a D.C. Circuit opinion. Factually, the Seven County Infrastructure Coalition sought to install 88 miles of new railroad construction from Utah oilfields to the national railway system. This kind of operation must first be approved by the U.S. Surface Transportation Board (STB). 49 U.S.C. § 10901. The Board approved the new rail segment after a full NEPA analysis, including an environmental impact statement. The D.C. Circuit’s’ opinion concluded that the STB violated many laws when it approved a rail line project. Those laws include the Administrative Procedure Act, the Endangered Species Act, the Interstate Commerce Commission Termination Act, and the National Environmental Policy Act (NEPA) … Read More
Written by Emily J. Lovell