In Seven County Infrastructure Coalition v. Eagle County, Colorado, the Supreme Court unanimously determined 8-0 that the D.C. Circuit failed to afford the Surface Transportation Board (STB) the substantial judicial deference required under the National Environmental Policy Act (NEPA). The D.C. Circuit had interpreted NEPA as requiring the STB to consider environmental effects beyond its regulatory purview—specifically, the potential impacts of upstream oil extraction and downstream refining—before approving the construction of a railway.
Continue Reading Decision Alert: Supreme Court Calls for Judicial Deference to Agencies’ Factual Findings and Interpretation of Procedural RequirementsDecision Alert: Supreme Court Calls for Judicial Deference to Agencies’ Factual Findings and Interpretation of Procedural Requirements
