High Court Urged To Narrow D.C. Circuit’s Downstream GHG NEPA Holding

Seven Utah counties and a railroad company are asking the Supreme Court to overturn a lower court ruling requiring consideration of the downstream greenhouse gases under the National Environmental Policy Act (NEPA), arguing that the high court has already determined agencies can only consider environmental effects within their jurisdiction. The March 4 petition for a writ of certiorari in Seven County Infrastructure Coalition & Uinta Basin Railway, LLC., v. Eagle County, CO, and Center for Biological Diversity (CBD), et...