We've been waiting to see how lower courts will interpret and apply the U.S. Supreme Court's May 2025 decision in Seven County Infrastructure Coalition v. Eagle County, CO. The D.C. Circuit's August 1 decision in Sierra Club and Public Citizen v. FERC embraces the narrowed scope of review and substantial agency deference articulated by the Supreme Court in upholding FERC's NEPA analysis.
The court "reiterated that judicial review of NEPA compliance must defer to the agency's determination of the scope of its environmental analysis, provided it reasonably addresses the direct effects of the project at hand. This furthered the Seven County principle that NEPA does not serve as a substantive barrier to agency action, but rather ensures informed decision making within the bounds of agency authority."
Originally published on 28 August, 2025
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