The U.S. Supreme Court's recent unanimous decision significantly narrows the scope of the National Environmental Policy Act (NEPA), previously a cornerstone of environmental protection. This ruling facilitates the approval of infrastructure projects like highways, bridges, and pipelines by limiting the consideration of upstream and downstream environmental impacts. The case centered on a proposed railroad aimed at transporting crude oil from Utah to Gulf Coast refineries. While lower courts had ruled against the project for not adequately addressing these effects, the Supreme Court reversed, raising concerns about potential environmental ramifications.
They did a major cutback," said Harvard Law Professor Richard Lazarus, who has written extensively about NEPA. Essentially, he said, the court had created a new categorical rule barring any consideration of the upstream and downstream effects of such projects.
The Supreme Court's decision makes it easier to win approval for highways, bridges, pipelines, wind farms, and other infrastructure projects that could have significant environmental impacts.
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