5Qs: Bagley on Supreme Court Limits on Environmental Review

July 2, 2025
Read time: 5-15 mins
Mortenson And Bagley On FCC V Consumers Research Hero

In Seven County Infrastructure Coalition v. Eagle County, the Supreme Court ruled that compliance with the National Environmental Policy Act (NEPA)—which requires federal agencies to assess the environmental impact of major actions—is limited to the direct consequences of the project under review. In this edition of 5Qs with Michigan Law, Professor Nicholas Bagley breaks down the controversy surrounding the proposed 88-mile railroad in Utah at the heart of the case, and explains why the Court’s decision may not be a definitive loss for environmental protection.

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