Supreme Court Limits NEPA Review Scope in Decision Reinstating Utah Rail Line

Federal businesses’ environmental critiques of proposed initiatives needs to be “a procedural cross-check, not a substantive roadblock,” the U.S. Supreme Court docket dominated in a May 29 decision that may permit a $1.4-billion Uinta Basin Railway undertaking to advance in Utah. The ruling seems to restrict the scope of the Nationwide Environmental Coverage Act, which requires federal businesses to organize environmental impression statements for infrastructure initiatives.

The plan requires development of an 88-mile railroad line connecting Utah’s oil-rich Uinta Basin to the nationwide rail community to hold crude oil to refineries. 

The U.S. Floor Transportation Board, which determines whether or not to approve development of latest railroad traces, ready an environmental impression assertion that totals greater than 3,600 pages earlier than approving the undertaking in 2021. However a decrease courtroom tossed out the approval after discovering the assessment did not sufficiently consider the environmental effects of exercise which may be enabled by the railroad’s development, similar to elevated oil drilling. 

The Supreme Court docket reversed that call 8-0. Within the majority opinion—three justices agreed with the ruling however differed of their reasoning—Justice Brett Kavanaugh wrote that NEPA requires businesses to deal with the environmental results of the undertaking in query, however not different partially associated environmental impacts.

“In deciding instances involving the American financial system, courts ought to attempt, the place doable, for readability and predictability,” he wrote. “Some courts’ NEPA selections have fallen in need of that goal.”

The ruling comes as President Donald Trump has been urgent for tactics to hasten approvals for some initiatives, notably energy-related work. In response to an government order Trump issued, the U.S. Military Corps of Engineers recognized a whole lot of projects to fast-track by way of environmental critiques. 

However the brand new ruling severely limits the scope of NEPA by relieving federal businesses of the duty to assessment all potential environmental hurt associated to a proposed undertaking, in accordance with the environmental advocacy group Earthjustice. On this case, it means businesses can ignore environmental impacts on Gulf Coast communities the place the oil is anticipated to go to refineries. 

“At present’s choice undermines a long time of authorized precedent that advised federal businesses to look earlier than they leap when approving initiatives that would hurt communities and the surroundings,” stated Sam Sankar, Earthjustice senior vice chairman for packages, in an announcement. 

Advancing Building

With the favorable ruling, the Seven County Infrastructure Coalition, the general public entity within the public-private partnership behind the undertaking, says it would work with federal businesses to revive its approvals and advance towards development. 

“This choice affirms the years of labor and collaboration which have gone into making the Uinta Basin Railway a actuality,” stated Keith Heaton, director of the infrastructure coalition, in an announcement. “It represents a turning level for rural Utah—bringing safer, sustainable, extra environment friendly transportation choices, and opening new doorways for funding and financial stability.”

Rio Grande Pacific Corp. beforehand announced its selection of AECOM to design the railroad and a Skanska-WW-Clyde three way partnership to construct it, together with tunnel design and development by Obayashi Corp. 

The favored plan requires a single-track route that would come with development of 5.7 miles of tunnels, 30 rail bridges, one highway bridge and 423 culverts. It could hook up with the nationwide rail community through the Union Pacific Provo Subdivision close to Kyune, Utah.