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Supreme Court narrows NEPA scope to affirm Uinta Basin Railway approval

It remands the Uinta Basin Railway dispute to the D.C. Circuit for reconsideration under a new standard that excludes indirect or speculative environmental impacts.

A crude oil shipping terminal near Wellington, Utah.
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Overview

  • In an 8-0 ruling, the Court held that the Surface Transportation Board lawfully approved the 88-mile oil rail line based on a NEPA review limited to direct project effects.
  • The majority opinion asserted that NEPA does not obligate agencies to analyze remote or conjectural environmental harms.
  • Eagle County’s concerns over community safety and Colorado River risks remain unresolved as the case returns to the appeals court under the tightened review standard.
  • Justice Kagan’s dissent argued that the decision “hollows out” NEPA and disregards Congress’s intent for comprehensive environmental oversight.
  • Critics warn the ruling may accelerate Uinta Basin oil development, raise greenhouse-gas emissions and prompt Congress to clarify NEPA’s parameters.