High Court Says Lower Court Incorrectly Interpreted NEPA In Fracking Railway Case

( May 29, 2025, 12:31 PM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court on May 29 reversed and remanded a decision by the District of Columbia Circuit U.S. Court of Appeals, finding that when it blocked the construction of a hydraulic fracturing railway project in Utah, it failed to afford the Surface Transportation Board (STB) the substantial judicial deference required in National Environmental Policy Act (NEPA) cases and incorrectly ruled that the STB was required to consider the environmental consequences of projects that are separate from the construction of the railway....

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