The US Supreme Court continues to reshape administrative law. In its recent decision, Seven County Infrastructure Coalition v. Eagle County, Colorado, the Court unanimously (8-0) instructed federal courts to defer to administrative agencies on the depth and breadth of environmental reviews required by the National Environmental Policy Act (NEPA).
There are two key takeaways from this decision with respect to the potential impact on NRC environmental reviews:
- First, the Court’s decision could empower the NRC to significantly narrow the scope of their NEPA reviews, potentially expediting approvals of nuclear projects, by providing more confidence that the reviews will withstand judicial scrutiny.
- Second, the decision clarified that NRC (like other agencies) need not evaluate indirect impacts of upstream or downstream projects that are separate in time or place, particularly where the agency lacks authority to approve or regulate those other projects.
We will continue to monitor developments regarding the practical effects of this decision on NRC environmental reviews. For more information about NEPA and this Supreme Court case, read our recent LawFlash discussing this decision.