On Thursday May 29, the U.S. Supreme Court issued a significant decision in Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al., the latest and most consequential case in a growing body of National Environmental Policy Act (NEPA) jurisprudence. The Court considered whether NEPA requires federal agencies to analyze potential upstream and downstream environmental impacts that fall outside of the agency’s regulatory authority. The Court held that, as a general rule, the answer is no.
Our Energy & Environmental practice group discusses the decision here.