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Holland & Hart NEPA Update The U.S. Supreme Court instructed lower courts to make a dramatic “course correction” in how they handle claims under the National Environmental Policy Act (NEPA) in its first major NEPA ruling in nearly two decades. Writing for a five-justice majority, Justice Brett Kavanaugh opined that it was time to “bring judicial review under NEPA back in line with the statutory text and common sense” in Seven County Infrastructure Coalition v.
On June 29, the United States Supreme Court issued its decision in PennEast Pipeline Co., LLC v. New Jersey. PennEast presented the question of whether a private company could condemn a pipeline right-of-way across state-owned property under the authority of a specific federal statute. The court ultimately upheld the company's right to condemn, but did so in a divided 5-4 opinion that is also characteristic of recent state court eminent domain decisions.
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