The Supreme Court’s Double-Edged Change to Permitting Law

Did the Supreme Court just make it easier to build things in this country — or did it give a once-in-a-lifetime gift to the fossil fuel industry? Last week, the Supreme Court ruled 8-0 against environmentalists who sought to use a key permitting law, the National Environmental Policy Act, to slow down a railroad in a remote but oil-rich part of Utah. Even the court’s liberals ruled against the green groups. 

But the court’s conservative majority issued a much stronger and more expansive ruling, urging lower courts to stop interpreting the law as they have for years. That decision, written by Justice Brett Kavanaugh, may signal a new era for what has been called the “Magna Carta” of environmental law.

On this week’s episode of Shift Key, Rob and Jesse talk with Nicholas Bagley, a University of Michigan law professor and frequent writer on permitting issues. He is also Michigan Governor Gretchen Whitmer’s former chief legal counsel. Rob, Jesse, and Nick discuss what NEPA is, how it has helped (and perhaps hindered) the environment, and why it’s likely to change again in the near future. Shift Key is hosted by Jesse Jenkins, a professor of energy systems engineering at Princeton University, and Robinson Meyer, Heatmap’s executive editor. 

Mentioned: 

The Supreme Court Just Started a Permitting Revolution

The Supreme Court’s Green Double Standard, By Nick Bagley

Bagley’s article on the procedure fetish

Key statistics about how NEPA works in the government

Judge Skelly’s 1971 Calvert Cliffs ruling

House Republicans’ NEPA reform proposal 

Jesse’s downshift; Rob’s downshift. 

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Music for Shift Key is by Adam Kromelow.

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