The Supreme Court unanimously ruled to limit the scope of environmental reviews and to give more deference to agencies.
On May 29, 2025, the U.S. Supreme Court unanimously ruled in Seven County Infrastructure Coalition v. Eagle County to narrow the scope of environmental reviews mandated under the National Environmental Policy Act (NEPA). The case centered on the proposed 88-mile Uinta Basin Railway in Utah, designed to transport crude oil to Gulf Coast refineries. The Court determined that federal agencies are not required to assess indirect environmental impacts—such as increased oil drilling or refining activities—that fall outside their direct regulatory authority. Justice Brett Kavanaugh, writing for the majority, emphasized that NEPA’s purpose is to inform agency decision-making rather than to obstruct development, advocating for substantial judicial deference to agency determinations regarding the scope of environmental impact statements.
According to SCOTUS Blog:
Kavanaugh spelled out the limits on the role of the courts even more clearly, stressing that “it is critical to disaggregate the agency’s role from the court’s role. So long as the EIS addresses environmental effects from the project at issue,” he wrote, “courts should defer to agencies’ decisions about where to draw the line—including (i) how far to go in considering indirect environmental effects from the project at hand and (ii) whether to analyze environmental effects from other projects separate in time or place from the project at hand.”
This ruling has significant implications for county governments. By limiting the scope of environmental reviews, counties may find it more challenging to influence or contest federal infrastructure projects that could impact their jurisdictions. Local concerns about environmental degradation, public health, and safety might receive less attention if they pertain to indirect effects beyond the immediate control of the approving federal agency. This could lead to increased tensions between county authorities and federal agencies, especially in regions where proposed projects pose potential risks to local ecosystems and communities.