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The Supreme Court is ready to limit the extent of environmental reviews. Some judges suggested that a federal agency followed a federal law by releasing a 3,600-page report on the effects of a planned railway in Utah.
Written by Adam Liptak
Writing from the capital
On Tuesday, the Supreme Court appeared ready to decide that a federal agency adequately assessed the environmental effects of an 88-mile railway project in Utah. This decision could potentially narrow the extent of environmental evaluations mandated by federal law across various contexts.
The planned railway aims to link oil fields in the Uinta Basin in northeast Utah with a national railway near the Colorado River, ultimately reaching refineries on the Gulf Coast.
The Surface Transportation Board, a government agency that oversees rail transportation, gave approval to the Utah project after completing a thorough review that resulted in a 3,600-page report. Environmental organizations and a county in Colorado filed a lawsuit, arguing that the report did not consider certain ways in which the railway could negatively impact the environment.
The challengers were successful in their case as ruled by the U.S. Court of Appeals for the District of Columbia Circuit.
Paul D. Clement, an attorney representing seven Utah counties in favor of the project, stated that the board did not ignore the environmental impact in this case.
After getting input from many agencies and looking at all potential impacts, they put in place 91 actions to lessen any negative effects. It’s surprising that analyzing 88 miles of track needed such a lengthy 3,600-page environmental assessment.
In a broader sense, Mr. Clement suggested that agencies should not have to take into account the impacts of projects that are far in the future or in a different location, especially if other regulatory bodies are already responsible for those considerations.
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