This case concerned the question of whether the National Environmental Policy Act (NEPA) requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority. When the Surface Transportation Board granted a petition from the Seven County Infrastructure Coalition to construct and operate an 80-mile Utah railway, they conducted an environmental review in which they considered direct impacts of the highway on nearby land, water, and air. But they did not consider certain environmental “downline impacts” or possible effects on historic sites along the Union Pacific line in Eagle County. The county challenged their review as inadequate, while the Board argues that these effects were either too minimal for serious analysis, or outside the scope of their authority.
This case was decided 8-0 on May 29. The Court ruled in favor of the Seven County Infrastructure Coalition, concluding that the federal environmental review process does not have to consider “downline” impacts. Join us in discussing the case and its decision with Mario Loyola and Austin Lipari, who wrote amicus briefs in support of petitioners.
Featuring:

Prof. Mario Loyola, Senior Fellow for Law, Economics, and Technology, The Heritage Foundation; Professor, Florida International University
Moderator: Austin Lipari, Counsel, Boyden Gray PLLC

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