Seven County Infrastructure Coalition v. Eagle County, 605 U.S. ___ (2025)
A group of seven Utah counties, known as the Seven County Infrastructure Coalition, applied to the U.S. Surface Transportation Board for approval to construct an 88-mile railroad line in Utah's Uinta Basin. This project aimed to connect the oil-rich region to the national freight rail network, facilitating crude oil transportation to Gulf Coast refineries. The Board prepared a 3,600-page Environmental Impact Statement (EIS) addressing the project's significant environmental effects and feasible alternatives. However, the EIS did not fully analyze the potential environmental impacts of increased upstream oil drilling and downstream oil refining.
The U.S. Court of Appeals for the D.C. Circuit reviewed the case after petitions were filed by a Colorado county and several environmental organizations. The D.C. Circuit found numerous violations of the National Environmental Policy Act (NEPA) in the EIS, specifically criticizing the Board for not sufficiently analyzing the environmental effects of upstream oil drilling and downstream oil refining. Consequently, the D.C. Circuit vacated both the EIS and the Board's final approval order for the railroad line.
The Supreme Court of the United States reviewed the case and reversed the D.C. Circuit's decision. The Court held that the D.C. Circuit failed to afford the Board the substantial judicial deference required in NEPA cases. The Supreme Court clarified that NEPA requires agencies to focus on the environmental effects of the proposed project itself, not on separate projects that are distinct in time or place. The Court concluded that the Board's EIS complied with NEPA's procedural requirements by addressing the environmental effects of the 88-mile railroad line, without needing to evaluate the impacts of upstream oil drilling or downstream oil refining. The case was remanded for further proceedings consistent with this opinion.
Courts should review an agency’s environmental impact statement to check that it addresses the environmental effects of the project at hand, but the EIS need not address the effects of separate projects. In conducting this review, courts should afford substantial deference to the agency as to the scope and contents of the EIS.
SUPREME COURT OF THE UNITED STATES
Syllabus
SEVEN COUNTY INFRASTRUCTURE COALITION et al. v. EAGLE COUNTY, COLORADO, et al.
certiorari to the united states court of appeals for the district of columbia circuit
No. 23–975. Argued December 10, 2024—Decided May 29, 2025
Under federal law, new railroad construction and operation must first be approved by the U. S. Surface Transportation Board. 49 U. S. C. §10901. In 2020, the Seven County Infrastructure Coalition applied to the Board for approval of an 88-mile railroad line connecting Utah’s oil-rich Uinta Basin to the national freight rail network, facilitating the transportation of crude oil to refineries along the Gulf Coast. As part of its project review, the Board prepared an environmental impact statement (EIS) that addressed significant environmental effects of the project and identified feasible alternatives that could mitigate those effects, as required by the National Environmental Policy Act (NEPA). The Board issued a draft EIS and invited public comment. After holding six public meetings and collecting more than 1,900 comments, the Board prepared a 3,600-page EIS that analyzed numerous impacts of the railway’s construction and operation. Relevant here, the EIS noted, but did not fully analyze, the potential environmental effects of increased upstream oil drilling in the Uinta Basin and increased downstream refining of crude oil. The Board subsequently approved the railroad line, concluding that the project’s transportation and economic benefits outweighed its environmental impacts. Petitions challenging the Board’s action were filed in the D. C. Circuit by a Colorado county and several environmental organizations. The D. C. Circuit found “numerous NEPA violations arising from the EIS.” 82 F. 4th 1152, 1196. Specifically, the D. C. Circuit held that the Board impermissibly limited its analysis of the environmental effects from upstream oil drilling and downstream oil refining projects, concluding that those effects were reasonably foreseeable impacts that the EIS should have analyzed more extensively. Based on the deficiencies it found in the EIS, the D. C. Circuit vacated both the EIS and the Board’s final approval order.
Held: The D. C. Circuit failed to afford the Board the substantial judicial deference required in NEPA cases and incorrectly interpreted NEPA to require the Board to consider the environmental effects of upstream and downstream projects that are separate in time or place from the Uinta Basin Railway. Pp. 6–22.
(a) NEPA ensures that agencies and the public are aware of the environmental consequences of certain proposed infrastructure projects. As a purely procedural statute, NEPA “does not mandate particular results, but simply prescribes the necessary process” for an agency’s environmental review of a project. Robertson v. Methow Valley Citizens Council, 490 U.S. 332, 350. Some federal courts reviewing NEPA cases have assumed an aggressive role in policing agency compliance with NEPA, and have not applied NEPA with the judicial deference demanded by the statutory text and the Court’s cases.
When, as here, a party argues that an agency action was arbitrary and capricious due to a deficiency in an EIS, the “only role for a court” is to confirm that the agency has addressed environmental consequences and feasible alternatives as to the relevant project. Strycker’s Bay Neighborhood Council, Inc. v. Karlen, 444 U.S. 223, 227. Further, the adequacy of an EIS is relevant only to the question of whether an agency’s final decision (here, to approve the railroad project) was reasonably explained.
Judicial deference in NEPA cases extends to an agency’s determination of what details are relevant in an EIS. While NEPA requires an EIS to be “detailed,” 42 U. S. C. §4332(2)(C), and the meaning of “detailed” is a legal question, see Loper Bright Enterprises v. Raimondo, 603 U.S. 369, 391–392, what details need to be included in any given EIS is a factual determination for the agency. The textual focus of NEPA is the “proposed action”—the project at hand—not other separate projects. §4332(2)(C). Courts should defer to agencies’ discretionary decisions about where to draw the line when considering indirect environmental effects and whether to analyze effects from other projects separate in time or place. See Department of Transportation v. Public Citizen, 541 U.S. 752, 767. In sum, when assessing significant environmental effects and feasible alternatives for purposes of NEPA, an agency will invariably make a series of fact-dependent, context-specific, and policy-laden choices about the depth and breadth of its inquiry—and also about the length, content, and level of detail of the resulting EIS. Courts should afford substantial deference and should not micromanage those agency choices so long as they fall within a broad zone of reasonableness. Even a deficient EIS does not necessarily require vacating an agency’s project approval, absent reason to believe that the agency might disapprove the project if it added more to the EIS. Cf. 5 U. S. C. §706. Pp. 6–15.
(b) Contrary to the D. C. Circuit’s NEPA analysis, the Board’s determination that its EIS need not evaluate possible environmental effects from upstream and downstream projects separate from the Uinta Basin Railway complied with NEPA’s procedural requirements, particularly NEPA’s textually mandated focus on the “proposed action” under agency review. While indirect environmental effects of the project itself may fall within NEPA’s scope even if they might extend outside the geographical territory of the project or materialize later in time, the fact that the project might foreseeably lead to the construction or increased use of a separate project does not mean the agency must consider that separate project’s environmental effects. See Public Citizen, 541 U. S., at 767. This is particularly true where, as here, those separate projects fall outside the agency’s regulatory authority. Pp. 15–21.
(c) NEPA does not allow courts, “under the guise of judicial review” of agency compliance with NEPA, to delay or block agency projects based on the environmental effects of other projects separate from the project at hand. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc., 435 U.S. 519, 558. Pp. 21–22.
82 F. 4th 1152, reversed and remanded.
Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment, in which Kagan and Jackson, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the case.
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment, in which Kagan and Jackson, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the case. |
letter of United States submitted. |
Letter of the Acting Solicitor General filed. (Distributed) |
Letter of the Acting Solicitor General filed. (Distributed) |
Argued. For petitioners: Paul D. Clement, Alexandria, Va. For federal respondents supporting petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Eagle County, et al.: William M. Jay, Washington, D. C. |
Letter from Clerk of Court to counsel of record noting that Justice Gorsuch will not continue to participate in this case. |
Letter from Clerk of Court to counsel of record noting that Justice Gorsuch will not continue to participate in this case. |
Reply of Seven County Infrastructure Coalition, et al. submitted. |
Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed) |
Reply of United States submitted. |
Reply of federal respondents supporting petitioners filed. (Distributed) |
Reply of federal respondents supporting petitioners filed. (Distributed) |
Reply of respondents United States filed. (Distributed) |
Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed) |
Motion for divided argument filed by the Solicitor General GRANTED. |
Motion for divided argument filed by respondents DENIED. |
Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk. |
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
Motion of the Solicitor General for divided argument filed. |
Amicus brief of 30 Members of the U.S. House and Senate submitted. |
Motion for divided argument filed by respondents. |
Brief amici curiae of 30 Members of the U.S. House and Senate filed. (Nov. 5, 2024) (Distributed) |
Brief amici curiae of Colorado Communities filed. (Distributed) |
Brief amici curiae of Former Senior Federal Officials, et al. filed. (Distributed) |
Amicus brief of Former Council on Environmental Quality Officials submitted. |
Amicus brief of Howard University School of Law Civil Rights Clinic submitted. |
Amicus brief of The Institute for Policy Integrity at New York University School of Law submitted. |
Amicus brief of Former Senior Federal Officials: Sally Jewell, Lynn Scarlett, Gregory Jaczko, Jonathan Jarvis, Dale Hall, Jamie Rappaport Clark, Thomas L. Tidwell, Dave Matsuda, Jo-Ellen Darcy, R. Lyle Laverty, and Jim Furnish submitted. |
Amicus brief of Constitutional Accountability Center submitted. |
Motion of Eagle County, Colorado for divided argument submitted. |
Amicus brief of Colorado Communities submitted. |
Amicus brief of State of Colorado et al. submitted. |
Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed) |
Brief amici curiae of Former Council on Environmental Quality Officials filed. (Distributed) |
Brief amici curiae of State of Colorado, et al. filed. (Distributed) |
Brief amicus curiae of The Institute for Policy Integrity at New York University School of Law filed. (Distributed) |
Amicus brief of 30 Members of the U.S. House and Senate submitted. |
Brief amici curiae of Former Senior Federal Officials: et al. filed. (Distributed) |
Brief amicus curiae of Constitutional Accountability Center in support of non-federal respondents filed. (Distributed) |
Motion of United States for divided argument submitted. |
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed) |
Brief amici curiae of Colorado Communities filed. (Distributed) |
Brief amici curiae of Former Senior Federal Officials, et al. filed. (Distributed) |
Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed) |
Brief amicus curiae of The Institute for Policy Integrity at New York University School of Law filed. (Distributed) |
Brief amici curiae of State of Colorado, et al. filed. (Distributed) |
Brief amici curiae of Former Council on Environmental Quality Officials filed. (Distributed) |
Brief amici curiae of 30 Members of the U.S. House and Senate filed. (Nov. 5, 2024) (Distributed) |
Motion for divided argument filed by respondents. |
Motion of the Solicitor General for divided argument filed. |
Record requested from the United States Court of Appeals for the District of Columbia Circuit. |
CIRCULATED |
Brief of respondent Eagle County, Colorado filed. (Distributed) |
Brief of respondents Center for Biological Diversity, et al. filed. (Distributed) |
SET FOR ARGUMENT on Tuesday, December 10, 2024. |
Brief of Center for Biological Diversity, Living Rivers, Sierra Club, Utah Physicians for a Healthy Environment, and WildEarth Guardians submitted. |
Brief of respondent Eagle County, Colorado filed. (Distributed) |
Brief of respondents Center for Biological Diversity, et al. filed. (Distributed) |
Brief of Eagle County, Colorado submitted. |
Joint Appendix submitted. |
Brief amici curiae of American Forest Resource Council, et al. filed. |
Brief amicus curiae of Utah filed. |
Brief amici curiae of United States Senators John Barrasso (WY), et al. filed. |
Brief amicus curiae of NextDecade LNG, LLC filed. |
Brief amici curiae of the Chamber of Commerce of United States, et al. filed. |
Brief amicus curiae of Center for American Liberty filed. |
Brief amicus curiae of the Center for Environmental Accountability filed. |
Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation, et al. filed. |
Brief amicus curiae of American Planning Association in support of neither party filed. |
Brief amici curiae of Americans for Prosperity Foundation, et al. filed. |
Brief amicus curiae of Property and Environment Research Center filed. |
Amicus brief of Anschutz Exploration Corporation submitted. |
Amicus brief of Ute Indian Tribe of the Uintah and Ouray Reservation submitted. |
Amicus brief of American Petroleum Institute, National Association of Home Builders of the United States, National Association of Manufacturers, National Mining Association, National Rural Electric Cooperative Association submitted. |
Amicus brief of NextDecade LNG, LLC submitted. |
Amicus brief of The State of Louisiana and 23 other states submitted. |
Amicus brief of Americans for Prosperity Foundation and the Competitive Enterprise Institute submitted. |
Amicus brief of The Chamber of Commerce of The United States of America and Nine Other Business Trade Associations submitted. |
Amicus brief of American Planning Association submitted. |
Amicus brief of American Exploration & Mining Association, et al. submitted. |
Amicus brief of Energy Transfer LP submitted. |
Amicus brief of NACCO Natural Resources Corporation submitted. |
Amicus brief of American Forest Resource Council submitted. |
Amicus brief of Property and Environment Research Center submitted. |
Amicus brief of Center for American Liberty submitted. |
Amicus brief of Law Professors submitted. |
Brief amici curiae of Louisiana, et al. filed. |
Brief amici curiae of Interstate Natural Gas Association of America, et al. filed. |
Brief amici curiae of Law Professors filed. |
Brief amicus curiae of The Center for Environmental Accountability filed. |
Brief amici curiae of American Exploration & Mining Association, et al. filed. |
Brief amici curiae of The Chamber of Commerce of The United States of America, et al. filed. |
Brief amicus curiae of Energy Transfer LP filed. |
Amicus brief of United States Senators John Barrasso (WY), Ranking Member of the Committee on Energy and Natural Resources; Shelley Moore Capito (WV), Ranking Member of the Committee on Environment and Public Works; Ted Cruz (TX), Ranking Member of the Committee on Commerce, Science, and Transportation; Mike Lee (UT); Mitch McConnell (KY), Minority Leader; and Mitt Romney (UT) submitted. |
Amicus brief of The Center for Environmental Accountability submitted. |
Amicus brief of Interstate Natural Gas Association of America, et al. submitted. |
Amicus brief of Utah submitted. |
Brief amicus curiae of NACCO Natural Resources Corporation filed. |
Brief amicus curiae of Anschutz Exploration Corporation filed. |
Brief amici curiae of American Petroleum Institute, et al. filed. |
Brief amicus curiae of Energy Transfer LP filed. |
Brief amicus curiae of Property and Environment Research Center filed. |
Brief amici curiae of Americans for Prosperity Foundation, et al. filed. |
Brief amicus curiae of Utah filed. |
Brief amicus curiae of the Center for Environmental Accountability filed. |
Brief amici curiae of American Exploration & Mining Association, et al. filed. |
Brief amici curiae of the Chamber of Commerce of United States, et al. filed. |
Brief amici curiae of Louisiana, et al. filed. |
Brief amici curiae of Interstate Natural Gas Association of America, et al. filed. |
Brief amici curiae of Law Professors filed. |
Brief amici curiae of United States Senators John Barrasso (WY), et al. filed. |
Brief amicus curiae of Anschutz Exploration Corporation filed. |
Brief amici curiae of American Forest Resource Council, et al. filed. |
Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation, et al. filed. |
Brief amicus curiae of American Planning Association in support of neither party filed. |
Brief amici curiae of American Petroleum Institute, et al. filed. |
Brief amicus curiae of NextDecade LNG, LLC filed. |
Brief amicus curiae of NACCO Natural Resources Corporation filed. |
Brief amicus curiae of Center for American Liberty filed. |
Brief amicus curiae of Association of American Railroads (Sep. 5, 2024) filed. |
Brief amicus curiae of Association of American Railroads (Sep. 5, 2024) filed. |
Amicus brief of Association of American Railroads submitted. |
Amicus brief of Association of American Railroads submitted. |
Brief of Seven County Infrastructure Coalition, et al. submitted. |
Brief of petitioners Seven County Infrastructure Coalition, et al. filed. |
Brief of United States submitted. |
Joint appendix (Corrected version of Volume I) (Oct. 22, 2024 filed. (Distributed) |
Brief of federal respondents in support of petitioners filed. |
Joint appendix (2 volumes) filed. |
Brief of federal respondents in support of petitioners filed. |
Brief of petitioners Seven County Infrastructure Coalition, et al. filed. |
Joint appendix filed. |
Brief of respondent United States filed. |
Joint appendix (2 volumes) filed. |
Joint Appendix submitted. |
Joint appendix (2 volumes) filed. |
Joint appendix(Corrected version of Volume I) (Oct. 22, 2024 filed. (Distributed) |
Joint appendix(Corrected version of Volume I) (Oct. 22, 2024 filed. (Distributed) |
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2024. The time to file respondents' briefs on the merits is extended to and including October 18, 2024. |
Motion for an extension of time to file the briefs on the merits filed. |
Motion of Seven County Infrastructure Coalition, et al. for an extension of time submitted. |
Motion for an extension of time to file the briefs on the merits filed. |
Petition GRANTED. |
DISTRIBUTED for Conference of 6/20/2024. |
DISTRIBUTED for Conference of 6/13/2024. |
Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed) |
Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed) |
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner. |
Brief of Federal respondents in opposition filed. |
Brief of respondents Eagle County, Colorado, et al. in opposition filed. |
Brief of federal respondents in opposition filed. |
Brief of respondents Eagle County, Colorado, et al. in opposition filed. |
Motion to extend the time to file a response is granted in part and the time is further extended to and including May 20, 2024, for all respondents. |
Response to motion to extend the time to file a response from petitioner filed. |
Response to motion to extend the time to file a response from petitioner filed. |
Motion of respondent Eagle County, CO, et al. to extend the time to file a response from May 6, 2024 to June 5, 2024, submitted to The Clerk. |
Motion of respondent Eagle County, CO, et al. to extend the time to file a response from May 6, 2024 to June 5, 2024, submitted to The Clerk. |
Brief amici curiae of Interstate Natural Gas Association of America, et al. filed. |
Brief amici curiae of Interstate Natural Gas Association of America, et al. filed. |
Brief amicus curiae of American Forest Resource Council filed. |
Brief amici curiae of Utah American Federation of Labor and Congress of Industrial Organizations filed. |
Brief amicus curiae of American Forest Resource Council filed. |
Brief amicus curiae of Utah filed. |
Brief amicus curiae of NACCO Natural Resources Corporation filed. |
Brief amici curiae of TN Ranching Company, et al. filed. |
Brief amici curiae of Utah American Federation of Labor and Congress of Industrial Organizations filed. |
Brief amicus curiae of NACCO Natural Resources Corporation filed. |
Brief amicus curiae of Utah filed. |
Brief amici curiae of TN Ranching Company, et al. filed. |
Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. |
Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed. |
Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2024, for all respondents. |
Motion of the Solicitor General to extend the time to file a response from April 5, 2024 to May 6, 2024, submitted to The Clerk. |
Motion of the Solicitor General to extend the time to file a response from April 5, 2024 to May 6, 2024, submitted to The Clerk. |
Petition for a writ of certiorari filed. (Response due April 5, 2024) |
Petition for a writ of certiorari filed. (Response due April 5, 2024) |