A Supreme Court Course Correction for NEPA
The Supreme Court’s decision in Seven County Infrastructure Coalition v. Eagle County was an important step toward reorienting enforcement and implementation of the National Environmental Policy Act (NEPA) in line with the actual text of the statute. As such, it was a rebuke to the expansive lower court interpretations of the statute that had accumulated over the past several decades. I discuss this development, and the significance of the decision, in my latest Civitas Outlook column. It begins:
Congress enacted the National Environmental Policy Act of 1969 (NEPA) to ensure the federal government would consider environmental protection among its priorities. The brief statute imposed a simple requirement that federal agencies consider the environmental impacts of their activities, but imposed no substantive environmental obligations. However modest at its enactment, the burden imposed by NEPA spread like kudzu, fed and watered by expansive cour
Article from Reason.com
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