Barclay Damon environmental attorneys assisted BNSF Railway with the submission of an amicus curiae brief to the US Supreme Court as the court grappled with questions about the extent to which an agency must consider the upstream and downstream effects of approving energy and transportation infrastructure projects. The brief was presented by the Association of American Railroads (AAR) in a pivotal case involving the National Environmental Policy Act (NEPA).
The case, which addresses critical aspects of environmental policy and its impact on the railroad industry, holds significant implications for the future of national infrastructure development and environmental regulation. The brief filed by AAR provided the context and importance of rails’ common carrier obligations as well as being instrumental to the justices’ deliberations as demonstrated by the issue’s prominence during oral argument before the Supreme Court on December 10.
“We are proud to support our client, BNSF, and AAR as the justices grapple with this critical issue,” said Tom Paul, a partner at Barclay Damon. “Our team, including associates Emma Marshall and Dan Krzykowski, worked collaboratively with BNSF and AAR to ensure the brief effectively communicates the potential long-term ramifications of the case on the railroad industry and emphasizes the importance of a balanced approach to environmental regulation.”
NEPA requires federal agencies to assess the environmental effects of their proposed actions prior to making decisions. The outcome of this case could influence how NEPA is applied to future projects, affecting broad sectors of the economy involved in infrastructure and environmental planning.
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