2025/06/14

NEPA Cases Require Substantial Judicial Deference

 

The organizer of the railway construction project applied to the administrative body for approval of the project. Environmental protection legislation stipulates that in such cases, an environmental impact assessment of the project must be conducted. The administrative body carried out the relevant procedure and approved the project. An environmental protection organization appealed to the court to invalidate the decision of the administrative body. The court concluded that the administrative body had not conducted a thorough analysis of the consequences of this project increasing oil extraction and processing in the region. However, the US Supreme Court concluded that such a thorough analysis was not necessary, and that the Court should show greater deference to the decision of the administrative body, which is a specialist in this matter.

SOURCE

In Seven County Infrastructure Coalition v. Eagle County, decided on May 29, 2025, the Supreme Court (SCOTUS) limited the scope of environmental review mandated by the National Environmental Policy Act (NEPA). Reversing the lower court, the decision stipulated that NEPA cases require substantial judicial deference, preventing courts from separately analyzing the environmental impacts of upstream and downstream projects connected to a proposed project.

Seeking to build an 88-mile railroad in Utah's Uinta Basin, the Seven County Infrastructure Coalition (Coalition) applied to the U.S. Surface Transportation Board (Board) for approval, as mandated by federal law. The proposed railroad aimed to connect Utah to the national freight rail network, facilitating crude oil transport to the Gulf Coast.

Under the National Environmental Policy Act (NEPA), the Board was required to prepare an Environmental Impact Statement (EIS) addressing significant environmental impacts and exploring mitigation alternatives.  The Board finalized a 3,600-page EIS, subsequently approving the railroad project based on its conclusion that transportation and economic benefits outweighed potential environmental consequences.

Several environmental groups and a Colorado county challenged the Board's approval in the U.S. Court of Appeals for the D.C. Circuit. The D.C. Circuit found the EIS deficient for neglecting to assess environmental impacts from increased upstream oil drilling and downstream refining, and therefore vacated the EIS and the project's approval.

The EIS acknowledged potential environmental impacts from increased oil drilling and refining, but deemed in-depth analysis unnecessary.

The Supreme Court (SCOTUS) then reviewed the case, emphasizing that the NEPA is a procedural statute requiring only the preparation of an EIS, not the imposition of substantive environmental obligations. SCOTUS criticized overly intrusive judicial reviews of  NEPA cases, advocating for substantial deference to agency choices within a "broad zone of reasonableness." The Court reasoned that analyzing environmental effects of upstream drilling was unnecessary because the railroad project itself wasn't for oil or well drilling, and NEPA only requires evaluating the proposed project, not separate ones. Similarly, analyzing downstream refining effects was unnecessary because oil refining projects rely on other markets and the Board lacks authority over oil production and refining.