On Sept. 4, ABC joined industry partners in filing an amicus brief with the U.S. Supreme Court in the case Seven County Infrastructure Coalition v. Eagle County, Colorado, as the court considers whether the National Environmental Policy Act requires that agencies consider environmental impacts beyond the immediate effects of their regulatory decision.

The petitioner in the case, the Seven County Infrastructure Coalition in Utah, is before the court concerning approval of construction of a new rail line by the Surface Transportation Board. At issue is whether the Board must consider distant environmental effects such as increased oil drilling and refining activities facilitated by the rail line. Seven County argues that the Board should instead be limited to considering the direct effects of approving  or denying a permit for the rail line.

ABC’s brief supports the petitioner, arguing that consideration of environmental factors not directly related to the permit would improperly expand NEPA reviews beyond congressional intent.

A favorable outcome in the case could help preserve a more reasonable scope for NEPA reviews, ensuring that federal agencies properly consider important environmental protections without causing unnecessary delays and increased costs for critical infrastructure projects.