The Supreme Court appeared inclined to decide that the Surface Transportation Board sufficiently addressed the environmental impacts of the proposed 88-mile railway in Utah, potentially establishing limits on federal environmental reviews.
The 3,600-page report prepared by the Surface Transportation Board following an extensive review led to its approval of the Utah railway project, sparking controversy from environmental groups and affecting the project's future.
Paul D. Clement emphasized that the Surface Transportation Board actively considered environmental impacts in its decision-making process, mentioning significant consultations with various agencies and the implementation of numerous mitigation measures.
Clement argued that the environmental review process should not obligate agencies to consider project effects that are distant in time and location, especially when other regulatory bodies hold responsibility.
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