Supreme Court Signals Potential Limits on Environmental Reviews

Justices weigh narrowing the scope of NEPA's requirements in a case with far-reaching implications for federal projects.

The Supreme Court heard arguments on whether to limit the consideration of upstream and downstream environmental impacts under the National Environmental Policy Act (NEPA).
The case involves an 88-mile Utah rail project, with backers arguing that current environmental review requirements are overly expansive and burdensome.
Conservative justices expressed concerns about lengthy environmental impact statements, with Justice Kavanaugh calling some court rulings on NEPA overly aggressive.
The Biden administration and project backers argue that NEPA reviews should focus on immediate and reasonably foreseeable impacts, aligning with recent congressional changes to the law.
A ruling to narrow NEPA's scope could affect approvals for various federal projects, including pipelines, mining, and highways, with a decision expected by June 2025.