News & Analysis as of

Infrastructure Regulatory Reform Judicial Review

Baker Donelson

Seven County Infrastructure Coal. v. Eagle Cnty., Colo. – Supreme Court's "Course Correction" on NEPA Already Steering Decisions...

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The United States Supreme Court issued a unanimous decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, on May 19, 2025, clarifying that the scope of judicial review of federal agency environmental...more

Goldberg Segalla

Supreme Court Cuts Down ‘Judicial Oak’ of NEPA; Energy and Infrastructure Developments Projected to Increase

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The U.S. Supreme Court has ruled that agencies preparing an Environmental Impact Statement (EIS) under the guidance of the National Environmental Policy Act (NEPA) need only to consider the environmental effects of the...more

Carlton Fields

Supreme Court Ruling Speeds Environmental Reviews, Limits Legal Challenges to Energy Projects

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On May 29, 2025, the U.S. Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, Colorado, a case concerning the National Environmental Policy Act (NEPA) that limits judicial review of...more

Hogan Lovells

UK: Infrastructure planning – summer round-up

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Summer’s on the way and we’re closing in on the first anniversary of Labour’s 2024 election victory. In our previous infrastructure planning round-up we closed 2024 by looking forward to the introduction of the Planning and...more

K&L Gates LLP

Course Correction: Supreme Court Steers Toward Greater Predictability in NEPA Reviews

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On 29 May 2025, the Supreme Court unanimously declared that a “course correction” was needed for cases under the National Environmental Policy Act (NEPA), holding that a law originally meant to be a procedural check to inform...more

Maynard Nexsen

Supreme Court Reduces Burden of National Environmental Policy Act Review

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In a highly unusual unanimous decision, the U.S. Supreme Court ruled on May 29, 2025 that federal agencies are entitled to “substantial judicial deference” with respect to how they review projects subject to the National...more

Holland & Hart LLP

SCOTUS Reins In NEPA: A Game-Changer for Infrastructure Development

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The U.S. Supreme Court instructed lower courts to make a dramatic “course correction” in how they handle claims under the National Environmental Policy Act (NEPA) in its first major NEPA ruling in nearly two decades. Writing...more

Dorsey & Whitney LLP

Supreme Court Clarifies and Streamlines NEPA Requirements

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On May 29, 2025 the Supreme Court issued a decision that has the practical effect of reducing the requirements of the National Environmental Policy Act, or NEPA, and making it more likely that agency environmental reviews...more

Orrick, Herrington & Sutcliffe LLP

The Supreme Court Issues a Major Course Correction, Limiting The Role of Federal Courts in NEPA Cases

On May 29, 2025, the Supreme Court issued a decision in Seven County Infrastructure Coalition v. Eagle County, limiting the role of federal courts in National Environmental Policy Act (NEPA) cases. The Court recognized that...more

Bracewell LLP

Supreme Court Hits the Reset Button on the National Environmental Policy Act

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On May 29, 2025, the US Supreme Court pressed the reset button on the National Environmental Policy Act (NEPA), issuing an 8-0 decision intended to convert what NEPA has become, a “judicial oak,” back into the originally...more

Hogan Lovells

Infrastructure in the UK: Can the Planning and Infrastructure Bill help clear the way for speedy infrastructure delivery?

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The government’s flagship Planning and Infrastructure Bill is central to its plans to deliver economic growth by streamlining the delivery of new housing and critical infrastructure. The first article in our three-part...more

BCLP

NSIP Planning: What’s Changed in 2024 and On the Horizon for 2025?

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2024 has been a year with a continued focus on the Nationally Significant Infrastructure Planning (‘NSIP’) planning regime by both the predecessor and current government. Reforms to make the regime faster and more effective...more

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