Supreme Court Setbacks for Environmental Protections in Recent Term

Supreme Court's Environmental Impact Score

• 🎯 On a scale of 1 to 10, the Supreme Court's impact on environmental protections this past term was a seven, indicating significant setbacks.
• ⚖️ While there were no single blockbuster decisions, a series of rulings collectively weakened federal environmental protections.
• 💡 A mixed bag, with some minor victories, such as denying review in climate cases like the Honolulu case and others brought by red state attorneys general.

NEPA and Indirect Impacts in Utah Railway Case

• 🚂 The biggest environmental decision involved a proposed Utah railway for transporting heavy crude oil, with questions about considering upstream extraction and downstream burning impacts under NEPA.
• 📉 The Supreme Court, in an 8-0 decision (with Gorsuch recused), overturned the DC Circuit's ruling, stating agencies don't need to consider indirect effects that are remote in space and time or beyond their regulatory authority.
• ⚠️ Justice Kavanaugh's opinion is seen as a