Weekly Focus

High Court Widely Expected To Narrow Key NEPA Test But Scope Unclear

December 12, 2024
The Supreme Court is widely expected to narrow a key National Environmental Policy Act (NEPA) test for what is considered to be a “reasonably foreseeable” effect that agencies must consider in their reviews of proposed major federal actions, though it remains unclear where the majority of justices will land on the scope of that definition. The high court is likely to narrow NEPA, says Michael Drysdale, an attorney with Dorsey & Whitney, but there was “much less apparent consensus on...


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