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Supreme Court of the United States › Administrative Procedure Act › National Environmental Policy Act

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Moore & Van Allen PLLC

Course Correction: U.S. Supreme Court Removed Roadblock for Railroad Construction Project, Requiring Substantial Deference to...

Moore & Van Allen PLLC on

A "Course Correction" of NEPA Review - In an 8-0 judgment, the U.S. Supreme Court recently struck down the D.C. Circuit Court of Appeals decision that had vacated the U.S. Surface Transportation Board’s (the “Board”)...more

Jones Day

U.S. Supreme Court Instructs Courts to Provide "Substantial Deference" to Agencies in NEPA Cases

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On May 29, 2025, the U.S. Supreme Court decided Seven County Infrastructure Coalition v. Eagle County, clarifying the standards for judicial review of challenges to agency action under the National Environmental Policy Act...more

Kelley Drye & Warren LLP

The Future of NEPA: Supreme Court Resets the Rules

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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.

(ACOEL) | American College of Environmental... on

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...

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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

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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

Robinson+Cole Environmental Law + on

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

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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

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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

Steptoe & Johnson PLLC

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

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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

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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...

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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

Vinson & Elkins LLP

Supreme Court Curbs the Scope of NEPA Reviews in Landmark Decision: Seven County Infrastructure Coalition v. Eagle County,...

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In the first major National Environmental Policy Act (“NEPA”) case to reach the Supreme Court in almost two decades, the U.S. Supreme Court issued its decision on May 29, 2025, in Seven County Infrastructure Coalition v....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

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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

Goldberg Segalla

Navigating NEPA in the New Year

Goldberg Segalla on

On January 31 — in Marin Audubon Society et al. v. FAA et al. — the D.C. Circuit Court declined petitions for en banc review of a panel’s November 2024 ruling that the White House Council on Environmental Quality (CEQ) does...more

Bracewell LLP

The Trump Administration’s Day-One Executive Actions: Impacts on Energy and Environmental Policy and More

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On January 20, 2025, President Trump re-assumed the presidency with a flurry of executive orders and memoranda, many of which directly impacted energy and environmental issues. These orders included a production-minded...more

Pillsbury Winthrop Shaw Pittman LLP

DC Circuit Rules White House CEQ Lacks Authority to Issue Binding NEPA Regulations

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The White House Council on Environmental Quality (CEQ) lacks statutory authority to issue binding regulations implementing the National Environmental Policy Act (NEPA). While the decision does not invalidate any actions...more

Foley Hoag LLP - Environmental Law

If CEQ No Longer Implements NEPA, Is that Good or Bad for Project Developers?

Foley Hoag LLP - Environmental Law on

Earlier this week, the Court of Appeals for the District of Columbia ruled that the National Environmental Policy Act does not authorize the Council on Environmental Quality to issue binding regulations governing how federal...more

Pillsbury Winthrop Shaw Pittman LLP

The End of the Chevron Doctrine and the Reassertion of Judicial Primacy in Reviewing Federal Regulatory Actions

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In 1984, the U.S. Supreme Court (SCOTUS) decided Chevron USA, Inc. v. National Resource Defense Council, reversing a lower court ruling that set aside EPA’s Clean Air Act “bubble policy” of providing regulatory relief from...more

Schwabe, Williamson & Wyatt PC

Winters Water Rights Revived After Navajo Nation Case

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For more than a century, since Winters v. United States, 207 U.S. 564 (1908), the Supreme Court has recognized that when the United States establishes a Native reservation, it impliedly reserves sufficient water rights to...more

Pillsbury Winthrop Shaw Pittman LLP

Environmental Case Law Update

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“Summer’s lease hath all too short a date.” Many important environmental and administrative law decisions were reported by the federal and state courts over the past six months. The courts are dealing with very...more

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