Today, the Supreme Court of the United States delivered a unanimous decision in the case of Seven County Infrastructure Coalition v. Eagle County, which impacts the National Environmental Policy Act (NEPA) requirements. U.S. Senator Shelley Moore Capito, Chairman of the Senate Environment and Public Works Committee, expressed approval of this decision.
The ruling narrows the scope of NEPA reviews and limits judicial review of related documents. According to Senator Capito, project opponents have used litigation concerning agencies’ obligations under NEPA to delay significant projects.
Last September, Senator Capito joined an amicus brief opposing judicial expansion of NEPA, alongside U.S. Senators John Barrasso, Mitch McConnell, Mike Lee, Mitt Romney, and Ted Cruz.
Senator Capito stated: “Today’s unanimous decision by the Supreme Court of the United States validates what my colleagues and I have long been saying, that NEPA obligations have been utilized beyond their scope to create roadblocks for infrastructure projects instead of protecting the environment.” She emphasized that focusing NEPA reviews on actual project impacts will expedite important infrastructure initiatives such as pipelines and roads.
She added: “The Court’s opinion also reins in lower courts’ reviews of the NEPA documents… This is a big win for permitting reform and will help states like West Virginia build again without endless litigation and needless delays.”
