Supreme Court of the United States · Official docket →
Seven County Infrastructure Coalition, et al. v. Eagle County, Colorado, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 22-1019, 22-1020 · judgment August 18, 2023
Before the decision, about 3.2× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition.
Question presented
In Department of Transportation v. Public Citizen, 541 U.S. 752, 770 (2004), this Court held that when an agency cannot prevent an environmental effect "due to its limited statutory authority over the relevant actions," the National Environmental Policy Act does not require it to study that effect. This holding has divided the courts of appeals. Five circuits read Public Citizen to mean that an agency's environmental review can stop where its regulatory authority stops. Two circuits disagree and require review of any impact that can be called reasonably foreseeable. Here, the Surface Transportation Board relied on Public Citizen to cabin its environmental review of a new rail line in Utah. But the D.C. Circuit rejected that approach, ruling that the Board "cannot avoid" environmental review "on the ground that it lacks authority to prevent, control, or mitigate" distant environmental effects. As a result, it ordered the Board to study the local effects of oil wells and refineries that lie outside the Board's regulatory authority. The question presented is: Whether the National Environmental Policy Act requires an agency to study environmental impacts beyond the proximate effects of the action over which the agency has regulatory authority.
Counsel of record
For petitioner
Paul D. Clement
Clement & Murphy, PLLC
For respondent
Kirti Datla
Earthjustice
Case
Conference history
Distributed for 2 conferences
Amicus briefs
7 cert-stage · 28 merits
(20 supporting pet./neither, 8 respondent)
Argument & decision
Argued December 10, 2024 — Paul D. Clement · Edwin S. Kneedler · William M. Jay. Audio and transcript
Decided May 29, 2025. Opinion by Kavanaugh.
Proceedings
- Jun 30 2025Judgment Issued.
- May 29 2025Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment, in which Kagan and Jackson, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the case.
- Jan 24 2025Letter of the Acting Solicitor General filed. (Distributed)
- Dec 10 2024Argued. For petitioners: Paul D. Clement, Alexandria, Va. For federal respondents supporting petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Eagle County, et al.: William M. Jay, Washington, D. C.
- Dec 04 2024Letter from Clerk of Court to counsel of record noting that Justice Gorsuch will not continue to participate in this case.
- Nov 18 2024Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed)
- Nov 18 2024Reply of federal respondents supporting petitioners filed. (Distributed)
- Nov 12 2024Motion for divided argument filed by the Solicitor General GRANTED.
- Nov 12 2024Motion for divided argument filed by respondents DENIED.
- Oct 31 2024Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
- Oct 25 2024Brief amici curiae of Former Senior Federal Officials, et al. filed. (Distributed)
- Oct 25 2024Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
- Oct 25 2024Brief amicus curiae of The Institute for Policy Integrity at New York University School of Law filed. (Distributed)
- Oct 25 2024Brief amici curiae of State of Colorado, et al. filed. (Distributed)
- Oct 25 2024Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
- Oct 25 2024Brief amici curiae of Colorado Communities filed. (Distributed)
- Oct 25 2024Brief amici curiae of Former Council on Environmental Quality Officials filed. (Distributed)
- Oct 25 2024Brief amici curiae of 30 Members of the U.S. House and Senate filed. (Nov. 5, 2024) (Distributed)
- Oct 25 2024Motion of the Solicitor General for divided argument filed.
- Oct 25 2024Motion for divided argument filed by respondents.
- Oct 23 2024Record requested from the United States Court of Appeals for the District of Columbia Circuit.
- Oct 22 2024CIRCULATED
- Oct 18 2024SET FOR ARGUMENT on Tuesday, December 10, 2024.
- Oct 18 2024Brief of respondent Eagle County, Colorado filed. (Distributed)
- Oct 18 2024Brief of respondents Center for Biological Diversity, et al. filed. (Distributed)
- Sep 04 2024Brief amicus curiae of Anschutz Exploration Corporation filed.
- Sep 04 2024Brief amicus curiae of NACCO Natural Resources Corporation filed.
- Sep 04 2024Brief amicus curiae of Energy Transfer LP filed.
- Sep 04 2024Brief amici curiae of the Chamber of Commerce of United States, et al. filed.
- Sep 04 2024Brief amici curiae of Louisiana, et al. filed.
- Sep 04 2024Brief amici curiae of Interstate Natural Gas Association of America, et al. filed.
- Sep 04 2024Brief amici curiae of Law Professors filed.
- Sep 04 2024Brief amici curiae of American Exploration & Mining Association, et al. filed.
- Sep 04 2024Brief amicus curiae of the Center for Environmental Accountability filed.
- Sep 04 2024Brief amicus curiae of Property and Environment Research Center filed.
- Sep 04 2024Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
- Sep 04 2024Brief amicus curiae of Utah filed.
- Sep 04 2024Brief amici curiae of United States Senators John Barrasso (WY), et al. filed.
- Sep 04 2024Brief amici curiae of American Forest Resource Council, et al. filed.
- Sep 04 2024Brief amicus curiae of NextDecade LNG, LLC filed.
- Sep 04 2024Brief amicus curiae of Center for American Liberty filed.
- Sep 04 2024Brief amici curiae of American Petroleum Institute, et al. filed.
- Sep 04 2024Brief amicus curiae of American Planning Association in support of neither party filed.
- Sep 04 2024Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation, et al. filed.
- Aug 30 2024Brief amicus curiae of Association of American Railroads (Sep. 5, 2024) filed.
- Aug 28 2024Brief of petitioners Seven County Infrastructure Coalition, et al. filed.
- Aug 28 2024Joint appendix (2 volumes) filed.
- Aug 28 2024Brief of federal respondents in support of petitioners filed.
- Aug 28 2024Joint appendix (Corrected version of Volume I) (Oct. 22, 2024 filed. (Distributed)
- Jul 18 2024Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2024. The time to file respondents' briefs on the merits is extended to and including October 18, 2024.
- Jul 12 2024Motion for an extension of time to file the briefs on the merits filed.
- Jun 24 2024Petition GRANTED.
- Jun 17 2024DISTRIBUTED for Conference of 6/20/2024.
- May 28 2024DISTRIBUTED for Conference of 6/13/2024.
- May 28 2024Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed)
- May 22 2024Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
- May 20 2024Brief of federal respondents in opposition filed.
- May 20 2024Brief of respondents Eagle County, Colorado, et al. in opposition filed.
- Apr 15 2024Motion to extend the time to file a response is granted in part and the time is further extended to and including May 20, 2024, for all respondents.
- Apr 12 2024Response to motion to extend the time to file a response from petitioner filed.
- Apr 10 2024Motion of respondent Eagle County, CO, et al. to extend the time to file a response from May 6, 2024 to June 5, 2024, submitted to The Clerk.
- Apr 05 2024Brief amicus curiae of Utah filed.
- Apr 05 2024Brief amicus curiae of NACCO Natural Resources Corporation filed.
- Apr 05 2024Brief amicus curiae of American Forest Resource Council filed.
- Apr 05 2024Brief amici curiae of Utah American Federation of Labor and Congress of Industrial Organizations filed.
- Apr 05 2024Brief amici curiae of Interstate Natural Gas Association of America, et al. filed.
- Apr 05 2024Brief amici curiae of TN Ranching Company, et al. filed.
- Apr 04 2024Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed.
- Mar 26 2024Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2024, for all respondents.
- Mar 25 2024Motion of the Solicitor General to extend the time to file a response from April 5, 2024 to May 6, 2024, submitted to The Clerk.
- Mar 04 2024Petition for a writ of certiorari filed. (Response due April 5, 2024)