Blogs

SCOTUS Hears Argument for NEPA Scoping Case

By Renée Lani posted 12-12-2024 12:09 PM

  
On December 10, the Supreme Court of the United States (SCOTUS) heard oral argument for a case that will determine the breadth of environmental reviews an agency must conduct to fulfil the requirements under the National Environmental Policy Act (NEPA).
 
The case is Seven County Infrastructure Coalition v. Eagle County, Colorado (U.S., No. 23-975).  Recall that APGA submitted a joint amicus brief in this case, arguing that the scope of NEPA, as a procedural statute, has been unlawfully expanded and that SCOTUS should return to an earlier precedent that made clear that NEPA does not require review of environmental effects for which the agency is not the legally relevant cause.  This case can have a wide-range of impacts on all projects that require NEPA-review, including FERC-regulated interstate pipelines and the Army Corps of Engineers Nationwide Permit program.
 
Based on the numerous questions and contentious nature of NEPA, especially surrounding how it should be applied, this case could split the court along ideological lines.  Justice Neil Gorsuch recused himself from considering the case, likely because of his links to a Colorado businessman whose oil and gas company might be impacted by the case, leaving just 8 justices to decide the case.  A decision is anticipated by July 2025.
 
More on the case, amicus brief, and other related files are available here.
 
An audio recording of the oral argument is available here.
 
For questions on this article, please contact Renée Lani of APGA staff by phone at 202-464-0836 or by email at rlani@apga.org.  

Permalink

https://www.apga.org/blogs/rene-lani1/2024/12/12/scotus-hears-argument-for-nepa-scoping-case