At least 23 States recently asked the U.S. Supreme Court to overturn a controversial energy-related decision involving a proposed railway system that would transport crude oil. This important project in Utah was rejected due to environmental concerns. The legal brief for the 23 states to overrule this decision was originally filed by Louisiana Attorney General Liz Murrill. The states argue:
"This case is as much about federalism and State sovereignty as it is about environmental law. States are not children, and the federal government is not our mother. The Court should reverse the decision below and restore the States’ rightful place in our cooperative federalism."
The states included in the brief are Louisiana, Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, and Wyoming.
The original case is Seven County Infrastructure Coalition V. Eagle County, Colorado. As background, the Uinta Basin Rail project is a transportation project proposed throughout seven counties in Utah to transport oil to refineries and ports. In 2021, this project was approved by the Federal Surface Transportation Board.
Later in 2023, this approval was challenged in the District of Columbia Circuit and ultimately thrown out in August of 2023. The judges said this review overlooked impacts on wildlife, potential damages from oil spills, and other effects from increased crude oil refining. Eagle County, Colorado specifically brought up this concern because of its proximity to the Colorado River, and the possibility of contaminated waters. Proponents of the projects claim that the oil being carried is waxy crude, which is semi-solid at room temperature which makes the consistency less damaging and easier to clean up after spills.
Utah Governor Spencer Cox commented:
“Our rural counties and federal agencies have repeatedly shown that the project is environmentally responsible. If we want NEPA reviews to be a helpful tool for decision-makers rather than a legal device for activists to endlessly postpone projects, those reviews must be focused on the direct effects of an action by a federal agency, not speculative indirect effects. We’re grateful for the support of Congressional leaders and others who recognize both the importance of this project and why we desperately need to reform NEPA.”
U.S. Senator Mitt Romney added:
“The Uinta Basin Railway is key to Utah’s continued economic growth by providing a reliable transportation route for goods, creating jobs, and attracting new businesses. It’s critical that the Uinta Basin Railway Project moves forward and I remain committed to supporting the investment of innovative infrastructure projects in our state.”
This case will be an interesting test for the boundaries and purview of the National Environmental Protection Act (NEPA). This legislation was signed into law by President Richard Nixon in 1970 to ensure federal project permits were granted after an in-depth review of environmental impacts. The Biden administration called on the Supreme Court to ignore the state challenge to the scope of NEPA.
As shown by the broad state coalition fighting this decision, numerous states have been affected by the weaponization of the EPA and the NEPA. The state coalition argues it is outside the scope of the NEPA to halt this approval process for a transportation project that would cause an economic boom in the area. Utah should have the power to make decisions for its citizens, and the most recent court filings show that 23 other states stand strongly behind them.