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Environmental & Energy

Jun. 5, 2025

NEPA narrowed: Clearing the tracks for focused environmental reviews

The U.S. Supreme Court clarified that under the federal National Environmental Policy Act, agencies are not required to assess the environmental effects of separate, future, or geographically distinct projects beyond their control, thereby affirming agency discretion in defining the act's scope.

Davin A. Widgerow

Partner
Burke, Williams, & Sorensen, LLP

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NEPA narrowed: Clearing the tracks for focused environmental reviews
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The federal National Environmental Policy Act, commonly known as NEPA, is a procedural statute that requires federal agencies to evaluate the significant environmental effects of proposed federal projects and identify feasible alternatives. In Seven County Infrastructure Coalition v. Eagle County, Colorado (U.S., May 29, 2025, No. 23-975) 2025 WL 1520964, the U.S. Supreme Court provided clear boundaries on the scope of potential environmental impacts that must be evalu...

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