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Kelley Drye & Warren LLP

The Future of NEPA: Supreme Court Resets the Rules

On June 11, the Supreme Court issued a major decision in Seven County Infrastructure Coalition v. Eagle County, Colorado that could reshape how infrastructure projects are reviewed, approved, and challenged under the National...more

(ACOEL) | American College of Environmental...

NEPA, Supreme Court base here. The Eagle (County) has landed.

On May 29, 2025, the Supreme Court—minus recused Justice Neil Gorsuch—decided Seven County Infrastructure Coalition v. Eagle County, the first major NEPA dispute before the Court in 20 years. It’s a really big deal—coverage...more

Saul Ewing LLP

Supreme Court Mandates Substantial Deference to Agency Decisions Under NEPA in Seven County Infrastructure Coalition v. Eagle...

Saul Ewing LLP on

Overview - On May 29, 2025, the Supreme Court issued a significant decision in Seven County Infrastructure Coalition v. Eagle County, 605 U.S. __ (2025), clarifying the scope of judicial deference to agencies’ procedural...more

Womble Bond Dickinson

Seven County Infrastructure Coalition v. Eagle County: A Turning Point For The National Environmental Policy Act

Womble Bond Dickinson on

Last week, the Supreme Court issued its eagerly awaited National Environmental Policy Act decision in Seven County Infrastructure Coalition v. Eagle County. We were not disappointed. ...more

Robinson+Cole Environmental Law +

Supreme Court Decision Limits the Opportunity for NEPA to Derail Projects

The U.S. Supreme Court’s recent 8-0 ruling limited the scope of the National Environmental Policy Act (NEPA), the national environmental law that mandates federal agencies to assess the environmental effects of their proposed...more

Best Best & Krieger LLP

Supreme Court Issues First Major NEPA Ruling in Two Decades

On May 29, 2025, the U.S. Supreme Court issued an 8-0 opinion that clarifies the scope of environmental effects analysis under the National Environmental Policy Act (NEPA) and requires substantial judicial deference to...more

McGlinchey Stafford

SCOTUS Reins in NEPA Scope in Seven County

McGlinchey Stafford on

In a landmark ruling issued May 29, 2025, the U.S. Supreme Court unanimously reversed the D.C. Circuit in Seven County Infrastructure Coalition v. Eagle County, Colorado, sharply limiting the scope of environmental review...more

Perkins Coie

Supreme Court Issues “Course-Correcting” NEPA Decision

Perkins Coie on

The Supreme Court of the United States’ opinion, issued May 29, 2025, in Seven County Infrastructure Coalition v. Eagle County, Colorado, reaffirms the Court’s earlier, seminal decisions expounding judicial review under the...more

Schwabe, Williamson & Wyatt PC

Pruning the NEPA Judicial Oak: Supreme Court Clarifies Scope of Environmental Review in ‎Seven County Infrastructure Decision

The U.S. Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County, Colorado represents a significant change in how courts should review the adequacy of an environmental impact statement (EIS) prepared...more

Steptoe & Johnson PLLC

Infrastructure Projects Win a Victory in the U.S. Supreme Court

A unanimous U.S. Supreme Court ruled on May 29 that lower courts had overstepped their bounds when reviewing federal agency actions pursuant to the National Environmental Policy Act (NEPA). The decision in Seven County...more

Latham & Watkins LLP

US Supreme Court Clarifies Scope of Review Under NEPA

Latham & Watkins LLP on

The decision emphasizes the importance of judicial deference to agencies on NEPA and narrows the scope of environmental analyses....more

Foley Hoag LLP - Environmental Law

Supreme Court Holds That Agencies Have “Substantial” Discretion to Omit Upstream and Downstream Projects from Environmental...

On May 29, 2025, a unanimous Supreme Court (voting 8-0, with Justice Gorsuch recused) held that federal agencies need not consider the environmental effects of “upstream” and “downstream” projects that are separate in time or...more

Allen Matkins

“A Course Correction”: Supreme Court Reinforces Agency Deference and Narrows the Scope of Environmental Effects that Agencies Must...

Allen Matkins on

On May 29, 2025, the Supreme Court held that the National Environmental Policy Act (NEPA) — which requires federal agencies to analyze the environmental impacts of projects that they carry out, fund, or approve — does not...more

Bracewell LLP

Supreme Court Hits the Reset Button on the National Environmental Policy Act

Bracewell LLP on

On May 29, 2025, the US Supreme Court pressed the reset button on the National Environmental Policy Act (NEPA), issuing an 8-0 decision intended to convert what NEPA has become, a “judicial oak,” back into the originally...more

Troutman Pepper Locke

President Trump Moves to Repeal NEPA Regulations

Troutman Pepper Locke on

On February 19, the White House unveiled an interim final rule (IFR) to rescind all National Environmental Policy Act (NEPA) implementing regulations that the Council on Environmental Quality (CEQ) has promulgated since 1977....more

Nossaman LLP

Advocacy Groups File Endangered Species Act Suit Against Virginia Offshore Wind Project

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On March 18, three advocacy organizations and their members filed a lawsuit challenging an offshore wind project against the National Marine Fisheries Service (NMFS) and the Bureau of Ocean Energy Management (BOEM). The...more

Perkins Coie

Government Moves to Dismiss Case Challenging New York Bight Wind Energy Area Designations

Perkins Coie on

New York Bight Lease Sale Under Attack - A New Jersey-based nonprofit organization, Save Long Beach Island, and its president sued in the U.S. District Court for the District of Columbia in January 2022. They are asserting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

National Environmental Policy Act/ Transmission System Interconnection: Federal Appellate Court Addresses Federal Action Question

The United States Court of Appeals for the Ninth Circuit (“Court”) in a March 27th opinion addressed whether an action involving the Whistling Ridge Energy Project (“Project”) was “federal” for the purposes of the National...more

Latham & Watkins LLP

US Court of Appeals Affirms District Court Judgment Upholding Federal Approval of Tule Wind Project on NEPA, Migratory Bird Act,...

Latham & Watkins LLP on

On June 6, 2016, in Backcountry Against Dumps et al. v. Jewell et al., the US Court of Appeals for the Ninth Circuit affirmed the judgment of the District Court for the Southern District of California upholding federal...more

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