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Supreme Court narrows NEPA review in Basin Railway case; Utah AG office outlines implications
Summary
Assistant Attorney General Kathy Davis summarized the Supreme Courts unanimous decision reversing a D.C. Circuit demand to analyze "upstream or downstream" environmental effects in NEPA reviews and described ongoing procedural steps on remand affecting the Basin Railway project and tiered federal actions.
Kathy Davis, Assistant Attorney General and Section Director of the Public Lands Section of the Utah Attorney General's Office, briefed the Uinta Basin Collaborative on the Supreme Courts unanimous ruling in the Seven County Infrastructure Coalition v. Eagle County / Surface Transportation Board case and its consequences for NEPA review. "The holding of the Supreme Court was that the court didn't give the board the substantial deference that was required in NEPA cases," Davis said, summarizing the Courts reversal of a D.C. Circuit decision that had required broader upstream and downstream analysis.
Davis…
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