By the National Association of Homebuilders
In a major victory for the housing and infrastructure sectors, the U.S. Supreme Court issued a unanimous decision yesterday in Seven County Infrastructure Coalition v. Eagle County, significantly curbing the scope of environmental reviews of infrastructure and other building projects under the National Environmental Policy Act (NEPA).
NAHB joined an amicus brief in support of this outcome, and applauds the Court for restoring clarity and predictability to the federal permitting process.
The case centered on whether the Surface Transportation Board (a federal agency), when approving a new rail line in Utah, was required to analyze every possible environmental impact, even those outside the agency’s control. The lower court said yes, but the Supreme Court disagreed.
The Court ruled that NEPA requires agencies to focus only on the environmental effects of the actual project under review, not speculative impacts from unrelated future actions. As Justice Kavanaugh wrote in his 8-0 opinion, NEPA should not become a “blunt and haphazard tool” used to delay or derail infrastructure development.
