Judicial Coup?

The Supreme Court on Thursday limited the authority of judges to block infrastructure projects due to environmental concerns.

The nine justices handed down the lone decision Thursday morning, slightly curbing judicial authority at a time when President Donald Trump’s administration is loudly complaining about alleged judicial overreach. The case, Seven County Infrastructure Coalition v. Eagle County, relates to the National Environmental Policy Act (NEPA) and the requirement for environmental impact statements (EIS) in infrastructure projects supported by the federal government.

“NEPA does not allow courts, ‘under the guise of judicial review’ of agency compliance with NEPA, to delay or block agency projects based on the environmental effects of other projects separate from the project at hand,” Justice Brett Kavanaugh wrote in the opinion of the court.

“Courts should afford substantial deference and should not micromanage those agency choices so long as they fall within a broad zone of reasonableness,” the opinion continued.