The US Supreme Court on Thursday issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County limiting judicial review of environmental analyses of infrastructure projects under the National Environmental Protection Act (NEPA).
Besides the “course correction” that the high court imposed on judges it said have taken NEPA too far, the justices’ decision articulates a new understanding of how courts should defer to lower courts, at least in this context, Bracewell’s Ann Navaro told Law360.
“But under NEPA, we’re talking about deference to the agency’s factual judgments as to what the scope of an analysis should be, and where it should reasonably end,” Navarro said. “And the Seven County opinion takes great pains to stress the substantial deference that is due to the agencies on that point. … I think this can be viewed as an important counterpoint to Loper Bright.”
