Supreme Court ruling may impact NEPA use

The U.S. Supreme Court made a landmark decision on May 27 that may streamline the process of how proposed projects on federal land are approved.
The court upheld the federal environmental review of the Uinta Basin Railway, opening the door for the construction of the 88-mile rail line that would connect the Uinta Basin to Helper, where it can connect with the national freight network.
The ruling by the court was by a unanimous 8-0 vote, with Justice Neil Gorsuch recusing himself from the ruling.
The ruling addresses the National Environmental Policy Act (NEPA), which has been used to delay or deny a large number of proposed projects.
Justice Brett Kavanaugh summarized in the ruling, “Simply stated, NEPA is a procedural cross-check, not a substantive roadblock. The goal of the law is to inform agency decision making, not to paralyze it.”
Local officials are pleased with the decision, including the Seven County Infrastructure Coalition, the project’s public partner.
The coalition includes San Juan County. San Juan County Commission Chairman Sylvia Stubbs said, “We are very excited about this great news!”
Environmental groups decried the ruling, with Wendy Clark, from the Center for Biological Diversity stating, “This disastrous decision to undermine our nation’s bedrock environmental law means our air and water will be more polluted, the climate and extinction crises will intensify, and people will be less health.”
The Uinta Basin Railway spans Duchesne, Carbon, and Uintah counties and crosses lands managed by the Ute Indian Tribe, Bureau of Indian Affairs, U.S. Forest Service, and private owners.
With the Supreme Court ruling, the project will now resume key next steps, including completing the Endangered Species Act process, securing right-of-way permits with the Bureau of Indian Affairs and U.S. Forest Service, meeting all environmental standards, finalizing construction plans, securing necessary financing and construction preparations.