Blog: A “course correction” for NEPA — Supreme Court underscores the need for agency deference and limits the scope of NEPA reviews
On May 29, 2025, in a decision long-awaited by project developers, the Supreme Court issued Seven County Infrastructure Coalition v. Eagle County, Colorado, which clarified the proper scope of review and deference to be afforded to agency decisionmaking under the National Environmental Policy Act (NEPA). This decision reinforces longstanding Supreme Court holdings and may help improve the NEPA process by providing support for agencies to focus their NEPA reviews on impacts associated with their authorizations. … The decision is also noteworthy for its commentary on how NEPA litigation has negatively impacted project development. The Court noted that project opponents may not always be motivated by their concern for the environment, instead using NEPA to prevent new infrastructure projects.