The Future of NEPA Review: Unpacking Seven County

October 2025
Citation:
55
ELR 10473
Issue
5
Author
Justin Pidot, Fred Wagner, Kirti Datla, Jarryd Page, and James M. McElfish Jr.

On May 29, the U.S. Supreme Court released its decision in Seven County Infrastructure Coalition v. Eagle County, holding that substantial judicial deference to agencies is required in National Environmental Policy Act (NEPA) cases, including in deciding “(i) how far to go in considering indirect environmental effects from the project at hand and (ii) whether to analyze environmental effects from other projects separate in time or place.” The decision narrows the scope of NEPA review and will likely have lasting impacts on federal infrastructure proposals. On July 10, 2025, the Environmental Law Institute hosted a panel of experts to unpack the decision and discuss its potential implications for the future of NEPA. Here, we present a transcript of that discussion, which has been edited for style, clarity, and space considerations.

Jarryd Page (moderator) is a Staff Attorney at the Environmental Law Institute. Justin Pidot is a Professor of Law and Ashby Lohse Chair in Water and Natural Resources at the University of Arizona James E. Rogers College of Law. Fred Wagner is an Environmental Consultant at Jacobs. Kirti Datla is Director of Strategic Legal Advocacy at Earthjustice. James M. McElfish Jr. is a Senior Advisor at the Environmental Law Institute.