Limiting NEPA: Practice Implications of the Seven County Decision

This CLE webinar will examine the recent Supreme Court decision in Seven County Infrastructure Coalition v. Eagle County, in which the Court clarified the threshold for meeting NEPA requirements, emphasizing the scope of review and standard for agency deference. The decision is expected to have a wide-ranging effect on infrastructure, energy, and property projects, resetting regulatory review expectations and impacting oversight processes, permitting timelines, and client risk assessments. The Court held that NEPA does not require "upstream" or "downstream" review of project environmental impacts and reiterated the Court's position giving "substantial deference" to agency conclusions. Experts expect future reviewing courts to consider an agency’s EIS analysis within "a broad zone of reasonableness," considering only the "project at hand" without factoring projects or actions "separate in time or place." The expert panel reviews Seven County and related precedents from Loper Bright, Chevron, Public Citizen, and more covering the takeaways and practice implications for clients and future projects.