SCOTUS limits judicial authority to block infrastructure projects over environmental concerns

"Courts should afford substantial deference and should not micromanage those agency choices so long as they fall within a broad zone of reasonableness," Justice Brett Kavanaugh wrote.

Published: May 29, 2025 12:26pm

The U.S. Supreme Court on Thursday, in a unanimous decision, limited the judicial authority of courts to block infrastructure projects over environmental concerns.

The case, Seven County Infrastructure Coalition v. Eagle County, relates to the National Environmental Policy Act (NEPA) and the requirement that infrastructure projects supported by the federal government have environmental impact statements, Fox News reported.

"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," Justice Brett Kavanaugh wrote in the opinion that Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Amy Coney Barrett joined.

"Courts should afford substantial deference and should not micromanage those agency choices so long as they fall within a broad zone of reasonableness," the opinion continued.

Justice Neil Gorsuch did not participate in the case. Justice Sonia Sotomayor filed a separate concurring opinion, which Justices Elena Kagan and Ketanji Brown Jackson joined.

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