SCOTUS Fast Tracks Infrastructure Projects

In a stunning unanimous 8-0 decision, the Supreme Court of the United States (SCOTUS) delivered a ruling that slashes environmental red tape, clearing the path for infrastructure projects across America that have been stalled for years by excessive regulations.

The Supreme Court opinion significantly narrows the scope of the National Environmental Policy Act (NEPA), limiting environmental impact statement (EIS) reviews to direct impacts only, not upstream or downstream effects (a sharp departure from decades of using a wider scope test on potential effects).Writing for the unanimous court in the matter of Seven County Infrastructure Coalition v. Eagle County (handed down on May 29, 2025), Justice Kavanaugh clarified that federal agencies evaluating environmental impacts “did not need to evaluate potential environmental impacts of the separate upstream and downstream projects” (Emphasis added). The opinion further stated that: “The proper judicial approach for NEPA cases is straightforward: Courts should review an agency’s EIS to check that it addresses the environmental effects of the project at hand. The EIS need not address the effects of separate projects.”  It is this narrowing of consideration that sets the ruling apart from other similar cases – which has led some to note this is particularly consequential for energy infrastructure, including pipelines, refineries, and export terminals, which have often faced years of delays due to extensive environmental litigation.

The clear, unambiguous decision overturning a lower opinion – joined by all the justices participating – may have a ripple affect across public government infrastructure projects (federal, state, and local) that also involve NEPA requirements or reviews.