This case concerns 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.

Oral Argument is set for December 10, 2024. Join us in discussing this case and its argument with Prof. Andrew Mergen, who assisted respondents in the court of appeals, and Prof. Paul Salamanca, who wrote an amicus brief in support of petitioners.

Featuring:

Prof. Andrew Mergen, Emmett Visiting Assistant Clinical Professor of Law in Environmental Law & Faculty Director, Emmett Environmental Law and Policy Clinic
Prof. Paul Salamanca, Acting Dean and Wendell H. Ford Professor of Law, University of Kentucky J. David Rosenberg College of Law
Moderator: Eric Grant, Partner, Hicks Thomas LLP

--
To register, click the link above.