NEPA Update: The Other Shoe Drops
Legal Planet: Environmental Law and Policy 2025-09-30
Summary:
Based on the facts as set forth by the D.C. Circuit, its decision in the Tennessee Pipeline case may have been right. But the opinion went astray with its unrestrained enthusiasm for deference in NEPA cases, and its assumption that the same rules carry over in reviewing decisions under other statutes like the Natural Gas Act.