A pumpjack dips its head to extract oil in a basin north of Helper, Utah, July 13, 2023. The Supreme Court has agreed to consider reviving a critical approval for a railroad project that would carry crude oil and boost …
The D.C. Circuit ruled in favor of the activists, prompting the coalition to ask the Supreme Court to intervene. Some federal courts have held that under the National Environmental Policy Act, agencies can limit the review of environmental impacts only to areas where they have regulatory authority and responsibility.
“By requiring an agency to consider any environmental effect that it has the power to prevent, no matter the limits of its regulatory authority, the D.C. Circuit’s rule turns each agency into a ‘de facto environmental-policy czar,’” the coalition argued in its petition.Meanwhile, the environmental advocates led by Eagle County, Colorado, urged the justices not to take up the case.