Published
June 09, 2025
The Supreme Court’s recent decision in Seven County Infrastructure Coalition v. Eagle County marks a significant victory for the business community and for anyone involved in infrastructure development. The U.S. Chamber of Commerce, through its amicus brief, played a significant role in this landmark case, advocating for a more streamlined and predictable environmental permitting process under the National Environmental Policy Act (NEPA).
The Supreme Court's 8-0 ruling aligns with the arguments presented in the Chamber's amicus brief, which was cited in the Court’s opinion, that NEPA is a purely procedural statute and should not be misused to impose unwarranted delays on infrastructure projects. It has now become a routine practice to misuse NEPA to block investment and economic development. Accordingly, the business community has long advocated for a more efficient and predictable permitting process, emphasizing that the current system's delays and uncertainties hinder economic growth and innovation.
The case centers on the Surface Transportation Board’s approval of an 88-mile rail line in the Uinta Basin in Utah, aimed at transporting oil to refineries in Texas and Louisiana. The main question before the Court was whether the agency had performed enough environmental analysis under NEPA. The Court resoundingly held that the agency was not required to examine the impacts of projects that were separate in time and place from the rail line and beyond the agency's regulatory control, such as upstream oil production in the Basin and downstream oil refining. The Court emphasized that lower courts must defer to agencies’ decisions on how to carry out NEPA analyses.
The Supreme Court's decision is expected to reduce the bureaucratic hurdles that have historically stalled infrastructure projects. That will benefit the public by helping ensure timely and cost-effective upgrades to critical infrastructure such as roads, bridges, and energy systems. It will also help to provide businesses with the certainty needed to plan and invest with confidence.
This ruling is a major step in the right direction, making the permitting process more efficient and predictable, However, legislative reforms are needed to further improve the permitting process. We remain committed to advocating for comprehensive updates to the permitting process to ensure timely delivery of infrastructure benefits, fostering economic growth and enhancing the quality of life for all Americans.
About the author
Chad Whiteman
Chad S. Whiteman is vice president for environment and regulatory affairs at the U.S. Chamber of Commerce’s Global Energy Institute.
