The Supreme Court’s Decision on NEPA is Only the First Step

A Missed Opportunity to Clarify NEPA Law

The U.S. Supreme Court’s opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado contains an important insight about environmental reviews under the National Environmental Policy Act of 1969 (NEPA): The scope of such reviews should ultimately be driven by the agency’s obligation to consider environmental issues in its decision-making. Unfortunately, writing for the majority, Justice Brett Kavanaugh failed to fully recognize th…

The Supreme Court’s Decision on NEPA is Only the First Step

The federal government is designed to consist of three co-equal branches: legislative, executive, and judicial. To achieve good governance, lawmakers must enact sensible policies, presidential administrations must administer those policies effectively, and judges must adjudicate the laws. However, real life doesn’t always play out like a Schoolhouse Rock civics lesson. Consider NEPA, the National Environmental Policy Act.  …