Supreme Court Establishes Broad Deference Standard for Agency NEPA Review in Energy Infrastructure Cases

The Supreme Court reversed the D.C. Circuit's vacatur of the Surface Transportation Board's approval of an 88-mile railroad connecting Utah's oil-rich Uinta Basin to the national freight network, holding that courts must afford agencies substantial deference in determining the depth and breadth of environmental impact statement inquiries under NEPA. Justice Kavanaugh's majority opinion, joined by four other Justices, establishes that courts should not micromanage agency choices about environmental review so long as those choices fall within a broad zone of reasonableness.