Utah Oil Railroad Wins Big Is This the End of Environmental Law as We Know It?

Supreme Court Backs Utah Oil Railroad Expansion, Narrows Scope of Environmental Law

In a landmark decision with potentially far-reaching implications for environmental policy, the Supreme Court has sided with proponents of a multibillion-dollar oil railroad expansion in Utah. The 8-0 ruling, delivered on Thursday, effectively scales back the scope of the National Environmental Policy Act (NEPA), a cornerstone environmental law, for projects across the nation.

The case, centered around the proposed Uinta Basin Railway, an 88-mile (142-kilometer) project, aims to connect oil and gas producers in the remote Uinta Basin to the broader national rail network. This connection would grant access to larger markets and is projected to quadruple oil production in the area. Supporters of the railway argue that streamlined environmental reviews are crucial for accelerating development and economic growth.

Key takeaways from the Supreme Court's decision:

• The court reversed a lower court decision, reinstating a critical approval from federal regulators on the Surface Transportation Board.
• Justices determined that regulators were correct in considering the direct effects of the project, rather than the wider upstream and downstream impacts, such as increased refining in Gulf Coast states or increased wildfire risk.
• Justice Brett Kavanaugh, writing for the majority, emphasized that NEPA is a procedural cross-check, not a substantive roadblock, stating that "The goal of the law is to inform agency decision making, not to paralyze it."

While the project still faces potential legal and regulatory hurdles, the Supreme Court's ruling is a significant victory for its backers. Justice Sonia Sotomayor, joined by her liberal colleagues, concurred with the outcome but offered a narrower legal reasoning.

The decision has sparked considerable debate and division. Environmental groups have voiced strong concerns, arguing that the ruling weakens environmental protections and allows agencies to disregard the broader consequences of their decisions. Sambhav Sankar, senior vice president of programs at Earthjustice, stated, "The court’s decision gives agencies a green light to ignore the reasonably foreseeable consequences of their decisions and avoid confronting them." Wendy Park, a senior attorney at the Center for Biological Diversity, echoed these concerns, warning of increased pollution and intensified climate and extinction crises.

Conversely, proponents of the Uinta Basin Railway hailed the ruling as a turning point for rural Utah. Keith Heaton, director of the Seven County Infrastructure Coalition, stated that the project would bring "safer, sustainable, more efficient transportation options, and opening new doors for investment and economic stability."

The broader context of this ruling includes:

• The Trump administration's efforts to expedite environmental reviews under NEPA, compressing review processes from a year or more into mere weeks.
• The Supreme Court's recent trend of curtailing the power of federal regulators, including decisions impacting the Chevron doctrine.

It is important to note that Justice Neil Gorsuch did not participate in the case due to previous ties to Philip Anschutz, a Colorado billionaire whose oil wells in the region could benefit from the project.

The Supreme Court's decision on the Uinta Basin Railway underscores the ongoing tension between energy development and environmental protection. While proponents emphasize economic benefits and streamlined processes, critics worry about the long-term consequences for the environment and public health. This ruling is likely to shape future environmental policy debates and influence the trajectory of energy projects across the United States. The legal battles are far from over, and the long-term impacts of this decision will continue to unfold in the years to come.

Source: https://apnews.com/article/supreme-court-environment-utah-railway-oil-multibillion-dollar-56f8dc9346a1836771509b5198098afd