The Supreme Court issued a landmark decision today in favor of the Seven County Infrastructure Coalition, clearing the way for the proposed 88-mile Uinta Basin Railway project. The Coalition delivered their argument in December that the D.C. Circuit’s decision to withdraw the project’s permits was due to NEPA reviews being weaponized to hyper-regulate infrastructure projects. The Supreme Court’s decision, issued on May 29th, agreed, stating, “Some federal courts reviewing NEPA cases have assumed an aggressive role in policing agency compliance with NEPA, and have not applied NEPA with the judicial deference demanded by the statutory text and the Court’s cases.” The decision also states that “NEPA does not allow courts, ‘under the guise of judicial review’ of agency compliance with NEPA, to delay or block agency projects based on the environmental effects of other projects separate from the project at hand.” The Seven County Infrastructure Coalition issued a release following the Supreme Court decision. “This decision affirms the years of work and collaboration that have gone into making the Uinta Basin Railway a reality,” shares Keith Heaton, Director of the Seven County Infrastructure Coalition, the project’s public partner. “It represents a turning point for rural Utah—bringing safer, sustainable, more efficient transportation options, and opening new doors for investment and economic stability. We look forward to continuing our work with all stakeholders to deliver this transformative project.” The Seven County Infrastructure Coalition release states that with the Supreme Court’s ruling, the project will now resume key next steps, including: Reauthorization by the Surface Transportation Board (STB), Federal Permit Reinstatement, Regulatory Compliance, Project Planning and Financing, and Construction Preparation.
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