ID: 1676
Presenting Author: P.E. "Pam" Danko
Session: 632 - What in the World is Going on with NEPA?
Status: pending
The precedential May 29, 2025 U.S. Supreme Court case, Seven County Infrastructure Coalition v. Eagle County will be examined, including recent case law, followed by implications to EIA practice.
In addition to the 2023 & 2025 amendments to the National Environmental Policy ACT, and numerous administrative federal agency actions, on May 29, 2025, the U.S. Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County (No. 23-975) in which it clarified new standards for judicial review of agency obligations under the National Environmental Policy Act (NEPA). This case and those which have relied on its precedential ruling have substantial implications for the scope of impact review as well as deference courts are to give to agency decisions involving how to conduct NEPA reviews.
This session will provide a detailed overview of the Supreme Court case and those that have relied on it, followed by a discussion of their implications not only for EIA practice in the U.S., but worldwide – in the areas of determining the scope of reviews and increased exclusions from review for a wider share of actions.
P.E. “Pam” Danko, Esq., Hudson Danko Eng’r, LLC, Sarasota, Florida, United States, pamellendanko@gmail.com (submission for paper), pam@hudsondanko.com