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Supreme Court limits NEPA reviews, greenlights Uinta Basin Railway

Curbing NEPA’s reach could accelerate other infrastructure projects after the Uinta Basin Railway won high court backing.

A train transports freight on a common carrier line near Price, Utah, on July 13, 2023.
FILE - Supreme Court is seen on Capitol Hill in Washington, April 25, 2024. (AP Photo/J. Scott Applewhite, File)
A view of the U.S. Supreme Court in Washington, U.S., July 1, 2024. REUTERS/Kevin Mohatt/File Photo
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Overview

  • The Court’s unanimous decision narrowed NEPA’s scope to require agencies to assess only direct project effects, overturning a 2023 appeals court ruling that had halted the rail plan.
  • Justice Brett Kavanaugh authored the opinion, joined by all participating justices as Neil Gorsuch recused himself over ties to a Colorado billionaire with stakes in the project.
  • Supporters plan an 88-mile Uinta Basin Railway to connect Utah’s oil fields to the national freight network, a link expected to quadruple regional crude output.
  • By curtailing broader environmental reviews, the ruling aligns with Trump-era efforts to fast-track energy infrastructure yet still leaves the railroad subject to further STB approvals and potential legal challenges.
  • Environmental and local groups warned that excluding downstream impact analyses could increase pollution, spill risks and greenhouse gas emissions without fuller safeguards.