The U.S. Supreme Court, in Seven County Infrastructure Coalition v. Eagle County, unanimously narrowed the scope of the National Environmental Policy Act (NEPA) for federal project reviews. The Court held that agencies, such as the Surface Transportation Board, are required to evaluate only the environmental impacts of the project under review, such as the Utah railroad project, and not the indirect or downstream effects of related or future projects. The case addressed whether the Surface Transportation Board needed to consider the environmental effects of increased oil refining along the Gulf Coast resulting from the Utah railroad. The Court determined that the environmental impact statement (EIS) only needed to address the direct effects of the railroad line. Courts are required to give substantial deference to agency determinations regarding the scope of EISs, and minor flaws in an EIS do not automatically justify vacating project approvals. The decision is expected to reduce litigation and delays associated with NEPA reviews for major infrastructure and energy projects. Separately, a federal judge in Arizona has issued a 60-day temporary injunction blocking a planned land exchange involving 2,422 acres at Oak Flat, an area considered sacred by the San Carlos Apache Tribe. The injunction prevents the U.S. Forest Service from transferring land to Resolution Copper, a company backed by Rio Tinto and BHP, until after the agency completes a required environmental review. The Oak Flat copper mine project is estimated to generate $1 billion annually for Arizona and create thousands of jobs, but faces opposition from Native American groups and environmentalists over concerns about the destruction of culturally significant land and potential groundwater impacts.
Seven County Infrastructure Coalition v. Eagle County: Top Points https://t.co/0x2iWOMmGZ | by @DLA_Piper
A judge in Arizona has opened the door for more legal wrangling as environmentalists and some Native Americans seek to stop a potential copper mining project. https://t.co/hwuFhaSbzE
DOI Exercises Authority Under Novel Emergency Authorities To Approve Uranium Mine https://t.co/DvQ9vtsBxH | by @perkinscoiellp