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Seven County Infrastructure Coalition v. Eagle County, Colorado

Docket No.23-975
Op. BelowD.C. Cir.
ArgumentDec 10, 2024

Holding

The D.C. Circuit failed to afford the U.S. Surface Transportation Board the substantial judicial deference required in National Environmental Policy Act cases and incorrectly interpreted NEPA to require the Board to consider the environmental effects of upstream and downstream projects that are separate in time or place from the Uinta Basin Railway.

Judgment

Reversed and Remanded, 8-0, in an opinion by Brett Kavanaugh on May 29, 2025. Justice Sotomayor filed a concurring opinion, in which Kagan and Jackson joined. Justice Gorsuch took no part in the consideration or decision of the case.

Proceedings & orders timeline

Mar 4, 2024
Petition for a writ of certiorari filed. (Response due April 5, 2024)
Mar 25, 2024
Motion of the Solicitor General to extend the time to file a response from April 5, 2024 to May 6, 2024, submitted to The Clerk.
Mar 26, 2024
Motion to extend the time to file a response is granted and the time is extended to and including May 6, 2024, for all respondents.
Apr 4, 2024
Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation filed.
Apr 5, 2024
Brief amicus curiae of Utah filed.
Apr 5, 2024
Brief amicus curiae of NACCO Natural Resources Corporation filed.
Apr 5, 2024
Brief amicus curiae of American Forest Resource Council filed.
Apr 5, 2024
Brief amici curiae of Utah American Federation of Labor and Congress of Industrial Organizations filed.
Apr 5, 2024
Brief amici curiae of Interstate Natural Gas Association of America, et al. filed.
Apr 5, 2024
Brief amici curiae of TN Ranching Company, et al. filed.
Apr 10, 2024
Motion of respondent Eagle County, CO, et al. to extend the time to file a response from May 6, 2024 to June 5, 2024, submitted to The Clerk.
Apr 12, 2024
Response to motion to extend the time to file a response from petitioner filed.
Apr 15, 2024
Motion to extend the time to file a response is granted in part and the time is further extended to and including May 20, 2024, for all respondents.
May 20, 2024
Brief of federal respondents in opposition filed.
May 20, 2024
Brief of respondents Eagle County, Colorado, et al. in opposition filed.
May 22, 2024
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioner.
May 28, 2024
DISTRIBUTED for Conference of 6/13/2024.
May 28, 2024
Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed)
Jun 17, 2024
DISTRIBUTED for Conference of 6/20/2024.
Jun 24, 2024
Petition GRANTED.
Jul 12, 2024
Motion for an extension of time to file the briefs on the merits filed.
Jul 18, 2024
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including August 28, 2024. The time to file respondents' briefs on the merits is extended to and including October 18, 2024.
Aug 28, 2024
Brief of petitioners Seven County Infrastructure Coalition, et al. filed.
Aug 28, 2024
Joint appendix (2 volumes) filed.
Aug 28, 2024
Brief of federal respondents in support of petitioners filed.
Aug 28, 2024
Joint appendix (Corrected version of Volume I) (Oct. 22, 2024 filed. (Distributed)
Aug 30, 2024
Brief amicus curiae of Association of American Railroads (Sep. 5, 2024) filed.
Sep 4, 2024
Brief amicus curiae of Anschutz Exploration Corporation filed.
Sep 4, 2024
Brief amicus curiae of NACCO Natural Resources Corporation filed.
Sep 4, 2024
Brief amicus curiae of Energy Transfer LP filed.
Sep 4, 2024
Brief amici curiae of the Chamber of Commerce of United States, et al. filed.
Sep 4, 2024
Brief amici curiae of Louisiana, et al. filed.
Sep 4, 2024
Brief amici curiae of Interstate Natural Gas Association of America, et al. filed.
Sep 4, 2024
Brief amici curiae of Law Professors filed.
Sep 4, 2024
Brief amici curiae of American Exploration & Mining Association, et al. filed.
Sep 4, 2024
Brief amicus curiae of the Center for Environmental Accountability filed.
Sep 4, 2024
Brief amicus curiae of Property and Environment Research Center filed.
Sep 4, 2024
Brief amici curiae of Americans for Prosperity Foundation, et al. filed.
Sep 4, 2024
Brief amicus curiae of Utah filed.
Sep 4, 2024
Brief amici curiae of United States Senators John Barrasso (WY), et al. filed.
Sep 4, 2024
Brief amici curiae of American Forest Resource Council, et al. filed.
Sep 4, 2024
Brief amicus curiae of NextDecade LNG, LLC filed.
Sep 4, 2024
Brief amicus curiae of Center for American Liberty filed.
Sep 4, 2024
Brief amici curiae of American Petroleum Institute, et al. filed.
Sep 4, 2024
Brief amicus curiae of American Planning Association in support of neither party filed.
Sep 4, 2024
Brief amici curiae of Ute Indian Tribe of the Uintah and Ouray Reservation, et al. filed.
Oct 18, 2024
SET FOR ARGUMENT on Tuesday, December 10, 2024.
Oct 18, 2024
Brief of respondent Eagle County, Colorado filed. (Distributed)
Oct 18, 2024
Brief of respondents Center for Biological Diversity, et al. filed. (Distributed)
Oct 22, 2024
CIRCULATED
Oct 23, 2024
Record requested from the United States Court of Appeals for the District of Columbia Circuit.
Oct 25, 2024
Brief amici curiae of Former Senior Federal Officials, et al. filed. (Distributed)
Oct 25, 2024
Brief amicus curiae of Constitutional Accountability Center filed. (Distributed)
Oct 25, 2024
Brief amicus curiae of The Institute for Policy Integrity at New York University School of Law filed. (Distributed)
Oct 25, 2024
Brief amici curiae of State of Colorado, et al. filed. (Distributed)
Oct 25, 2024
Brief amicus curiae of Howard University School of Law Civil Rights Clinic filed. (Distributed)
Oct 25, 2024
Brief amici curiae of Colorado Communities filed. (Distributed)
Oct 25, 2024
Brief amici curiae of Former Council on Environmental Quality Officials filed. (Distributed)
Oct 25, 2024
Brief amici curiae of 30 Members of the U.S. House and Senate filed. (Nov. 5, 2024) (Distributed)
Oct 25, 2024
Motion of the Solicitor General for divided argument filed.
Oct 25, 2024
Motion for divided argument filed by respondents.
Oct 31, 2024
Record received electronically from the United States Court of Appeals for the District of Columbia Circuit and available with the Clerk.
Nov 12, 2024
Motion for divided argument filed by the Solicitor General GRANTED.
Nov 12, 2024
Motion for divided argument filed by respondents DENIED.
Nov 18, 2024
Reply of petitioners Seven County Infrastructure Coalition, et al. filed. (Distributed)
Nov 18, 2024
Reply of federal respondents supporting petitioners filed. (Distributed)
Dec 4, 2024
Letter from Clerk of Court to counsel of record noting that Justice Gorsuch will not continue to participate in this case.
Dec 10, 2024
Argued. For petitioners: Paul D. Clement, Alexandria, Va. For federal respondents supporting petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Eagle County, et al.: William M. Jay, Washington, D. C.
Jan 24, 2025
Letter of the Acting Solicitor General filed. (Distributed)
May 29, 2025
Judgment REVERSED and case REMANDED. Kavanaugh, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Alito, and Barrett, JJ., joined. Sotomayor, J., filed an opinion concurring in the judgment, in which Kagan and Jackson, JJ., joined. Gorsuch, J., took no part in the consideration or decision of the case.
Jun 30, 2025
Judgment Issued.

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