Capito Applauds Unanimous SCOTUS Decision Tightening NEPA Requirements

WASHINGTON, D.C. – Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Chairman of the Senate Environment and Public Works (EPW) Committee, applauded the unanimous decision from the Supreme Court of the United States in Seven County Infrastructure Coalition v. Eagle County. Project opponents have used litigation over agencies’ obligations under the National Environmental Policy Act (NEPA) to delay important projects, but today’s decision clearly narrows the scope of burdensome NEPA reviews, as well as the judicial review of those documents.

Last September, Chairman Capito joined an amicus brief in the Supreme Court of the United States opposing the judicial expansion of NEPA, led by U.S. Senator John Barrasso (R-Wyo.), with U.S. Senators Mitch McConnell (R-Ky.), Mike Lee (R-Utah), Mitt Romney (R-Utah), and Ted Cruz (R-Texas).

“Today’s unanimous decision by the Supreme Court of the United States validates what my colleagues and I have long been saying, that NEPA obligations have been utilized beyond their scope to create roadblocks for infrastructure projects instead of protecting the environment. By focusing NEPA reviews on the impacts of the project at hand, instead of hypotheticals, we can move important infrastructure initiatives like pipelines, roads, and energy development, swiftly to completion to benefit the communities they serve. The Court’s opinion also reins in lower courts’ reviews of the NEPA documents, which in many cases have unnecessarily invalidated projects by reviewing them under the wrong standard. This is a big win for permitting reform and will help states like West Virginia build again without endless litigation and needless delays,” Chairman Capito said.

# # #