ANALYSIS: Supreme Court Could Further Limit Agency Authority

The US Supreme Court concluded its most recent term with a significant curtailment of federal agency powers, and has already teed up a case for next year that could augment the limits placed on the scope of agency authority, this time under the auspices of a bedrock environmental statute.

Last month, the high court agreed to hear arguments in Seven County Infrastructure Coalition v. Eagle County, CO, in which the petitioners challenge the breadth of agency analysis required under the National Environmental Policy Act (NEPA). NEPA requires federal government agencies to conduct evaluations to assess the environmental impact of ...