The US Supreme Court has granted certiorari in a case that could define whether the National Environmental Policy Act (NEPA) allows federal agencies to consider broader environmental impacts, including climate change, beyond the immediate scope of proposed projects.
The case, Seven County Infrastructure Coalition v. Eagle County, Colo., centers on the proposed 88-mile Uinta Basin Railway designed to transport oil and minerals from northeast Utah to market. The US Court of Appeals for the DC Circuit invalidated the Surface Transportation Board’s approval of the railway last year.
Supporters of the project, a coalition of Utah counties, seek Supreme Court intervention to overturn the DC Circuit’s decision and uphold the Surface Transportation Board’s original approval. They argue that the Supreme Court should resolve conflicting interpretations arising from its 2004 ruling in Department of Transportation v. Public Citizen. This case established that NEPA does not obligate federal agencies to assess environmental impacts beyond their regulatory authority.
Environmental groups opposing the railway project dispute the existence of a circuit split, contending that all courts agree on the limitations outlined in Public Citizen. They argue that the specific issue raised by the coalition is irrelevant to the railway case.
In its ruling last year, the DC Circuit criticized the Surface Transportation Board’s environmental review of the railway for being too narrow, failing to adequately address potential impacts such as future oil development, rail accidents, wildfires, and water pollution.
The coalition contends that most circuits interpret Public Citizen as restricting an agency’s NEPA review to impacts within its regulatory jurisdiction, absolving it from broader environmental considerations.
In contrast, Eagle County and several environmental organizations, including the Sierra Club and the Center for Biological Diversity, argue that the Surface Transportation Board must assess the foreseeable impacts of approving a new rail line, including those beyond its immediate regulatory scope.
The Sierra Club, which receives funding from Bloomberg Philanthropies, emphasizes the importance of comprehensive environmental review in regulatory decisions.
The case is titled Seven Cty. Infrastructure Coal. v. Eagle Cty., Colo., U.S., No. 23-975, 6/24/24.
source: news.bloomberglaw.com
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