Midstream developers have complained for decades that federal courts reviewing agency approvals for their infrastructure projects have cast too wide a net — that is, instead of requiring agencies to simply analyze the specific environmental impacts of the project in question, the courts have been insisting regulators also examine the effects of the upstream and downstream activities the project would enable. As we discuss in today’s RBN blog, the U.S. Supreme Court ruled last week that under the all-important National Environmental Policy Act (NEPA) of 1969, it’s up to regulators to set the boundaries of their environmental review and that courts should defer to their judgment as long as they fall within a “broad zone of reasonableness.”
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