Biden admin scores argument time in Supreme Court NEPA case

By Niina H. Farah | 11/12/2024 01:48 PM EST

The solicitor general will argue against more expansive requirements for environmental analysis of a Utah oil railway.

The Supreme Court building is shown.

The Supreme Court. Francis Chung/POLITICO | Francis Chung/E&E News

The Supreme Court on Tuesday agreed to give the Biden administration argument time during a closely watched hearing next month to fight against more expansive requirements for an environmental analysis of a Utah oil railway.

Seven County Infrastructure Coalition v. Eagle County, Colorado, scheduled for argument on Dec. 10, challenges whether National Environmental Policy Act analyses should include environmental effects that may occur far from the project under review. The case has the potential to affect pipelines, highways, dams and other projects far beyond the Utah railway.

The justices will consider NEPA’s scope just weeks before President-elect Donald Trump returns to the White House, where he is widely expected to roll back federal environmental protections to spur domestic fossil fuel development.

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In a brief order issued Tuesday, the justices granted Solicitor General Elizabeth Prelogar’s request for half of the 30 minutes of oral argument time set aside for the Seven County Infrastructure Coalition. In the same order, the court denied a request from Eagle County officials to split their 30 minutes of argument with environmental groups.

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