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 […]
As legislative efforts to limit fossil fuel consumption falter, environmental activists have turned to the courts with increasing frequency and ever-more-expansive legal theories. Some of this litigation relies upon state tort law. Other suits rely upon more innovative arguments. Several groups have pressed constitutional arguments that the failure to control various forms of pollution violate […]
Last week, the Supreme Court issued its long-awaited opinion in Seven County Infrastructure Coalition v. Eagle County. This opinion scaled back the (largely judicially imposed) requirements for Environmental Impact Statements under the National Environmental Policy Act (NEPA), and could dramatically reduce permitting burdens on needed infrastructure. Also last week, the Case Western Reserve Law Review posted the […]