DOJ Urges ‘Limited’ High Court Reversal Of D.C. Circuit NEPA Decision

The Justice Department (DOJ) is urging the Supreme Court to overturn a “limited” aspect of an appellate court decision regarding the required scope of analysis of indirect effects in National Environmental Policy Act (NEPA) reviews, in a case that could undermine climate-related analyses for a variety of projects. While DOJ is agreeing with challengers that an August 2023 decision from the U.S. Court of Appeals for the D.C. Circuit is flawed, it says in an Aug. 28 brief in the...