How Broad Is Too Broad? Supreme Court Considers Scope of NEPA

The U.S. Supreme Court is poised to address a circuit split over whether an agency doing an environmental review under the National Environmental Policy Act (NEPA) must consider effects beyond its regulatory jurisdiction, including effects relating to climate change. At issue is the U.S. Court of Appeals for the D.C. Circuit’s vacatur of an environmental impact statement prepared by the Surface Transportation Board on the proposed construction of an 88-mile railroad, citing insufficient...
By: Pillsbury Winthrop Shaw Pittman LLP

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