U.S. Senator Shelley Moore Capito has expressed her approval of a recent Supreme Court decision regarding the National Environmental Policy Act (NEPA). The ruling in the case of Seven County Infrastructure Coalition v. Eagle County aims to limit the scope of NEPA reviews and their judicial oversight, which project opponents have previously used to delay various initiatives.
Senator Capito, who chairs the Senate Environment and Public Works Committee, joined an amicus brief last year with other senators including John Barrasso, Mitch McConnell, Mike Lee, Mitt Romney, and Ted Cruz. This brief opposed what they viewed as a judicial expansion of NEPA requirements.
"Today’s unanimous decision by the Supreme Court of the United States validates what my colleagues and I have long been saying," stated Chairman Capito. She emphasized that NEPA obligations have often been stretched beyond their intended purpose, hindering infrastructure projects rather than focusing on environmental protection. According to Capito, this decision will help expedite important infrastructure projects like pipelines and roads by narrowing the focus of NEPA reviews to direct impacts rather than hypothetical scenarios.
Capito also highlighted that this ruling would restrict lower courts from unnecessarily invalidating projects based on incorrect standards. She believes this is a significant step towards permitting reform that will allow states such as West Virginia to advance infrastructure projects without prolonged litigation delays.
