James Gross

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Supreme Court Holds That Agencies Have "Substantial" Discretion To Omit Upstream And Downstream Projects From Environmental Reviews

3 weeks ago | mondaq.com | Seth Jaffe |Beth Neitzel |Noah Shaw |James Gross

On May 29, 2025, a unanimous Supreme Court (voting 8-0, withJustice Gorsuch recused) held that federal agencies need notconsider the environmental effects of "upstream" and"downstream" projects that are separate in time or placefrom the project under review. See Seven County Infrastructure Coalition v. EagleCounty, Colorado.

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