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Supreme Court Could Limit Agencies’ Duty To Consider Environmental Harms

"The ruling could allow federal agencies to skip climate analysis when approving major projects — with wide-reaching consequences."

"A forthcoming Supreme Court decision is poised to weaken a bedrock law that requires federal agencies to study the potential environmental impacts of major projects.

The case, Seven County Infrastructure Coalition v. Eagle County, Colorado, concerns a proposed 88-mile railroad that would link an oil-producing region of Utah to tracks that reach refineries in the Gulf Coast. Environmental groups and a Colorado county argued that the federal Surface Transportation Board failed to adequately consider climate, pollution, and other effects as required under the National Environmental Policy Act, or NEPA, in approving the project. In 2023, the District of Columbia Circuit Court of Appeals ruled in favor of the challengers. The groups behind the railway project, including several Utah counties, appealed the case to the highest court, which is expected to hand down a decision within the next few months.

Court observers told Grist the Supreme Court will likely rule in favor of the railway developers, with consequences far beyond Utah. The court could limit the scope of environmental harms federal agencies have to consider under NEPA, including climate impacts. Depending on how the justices rule, the decision could also bolster — or constrain — parallel moves by the Trump administration to roll back decades-old regulations governing how NEPA is implemented.

“All of these rollbacks and attacks on NEPA are going to harm communities, especially those that are dealing with the worst effects of climate change and industrial pollution,” said Wendy Park, senior attorney at the nonprofit Center for Biological Diversity, a party in the Supreme Court case."

Akielly Hu reports for Grist April 24, 2025.

 

Source: Grist, 04/28/2025