From the Daily Caller News Foundation

By David Blackmon

It comes as a surprise to many Americans when they learn that the vast majority of decisions issued by the U.S. Supreme Court are decided unanimously. Far too often, these unanimous decisions receive scant attention in the press due to their lack of controversy.

Such is the case with a key 8-0 decision the Court published May 29 that could help Congress and the Trump administration meet their goals to streamline permitting for energy projects in the United States. The decision narrows the scope of application of the National Environmental Policy Act (NEPA), a law whose environmental review provisions have been systematically used – and often abused – by climate alarm groups and plaintiff lawyers for decades to impede the progress of major projects of all kinds.

The case at hand involves the Uinta Basin Railway Project, which will transport oil produced in Utah’s Unita Basin and connect it to the national railway network so it can reach national markets. Because the rail line would parallel the Colorado River for roughly 100 miles, the D.C. Court of Appeals ruled in 2023 that the project’s developers would have to conduct a second, expanded environmental impact study under NEPA to try to assess nebulous potential impacts to air quality – often taking place thousands of miles away – or from a possible oil spill, rescinding a key permit that had been issued in 2021 by federal regulators.

It is key to note that that permit was issued by the federal Surface Transportation Board (STB) along with a 3,600-page environmental impact statement to comply with NEPA. In the conduct of the environmental review, the Wall Street Journal wrote that STB and the company assessed “the railway’s potential effects on local water resources, air quality, protected species, recreation, local economies, the Ute Indian tribe and much more.”

But for the plaintiffs and the D.C. Circuit Court, 3,600 pages of thorough scientific analysis just weren’t enough. They filed suit, complaining that the study didn’t try to assess potential impacts that might happen on dozens of other rail lines hundreds of miles distant, or, even more absurd, assess potential pollution in “environmental justice communities” as far away as the Texas and Louisiana Gulf Coast.

You really can’t make this stuff up.

If delay was the goal, the plaintiffs got a win, halting progress for four years. That is a sadly typical outcome for cases involving energy-related projects such as this one.

In their unanimous opinion written by Justice Brett Kavanaugh, the justices state, “The goal of the law is to inform agency decisionmaking, not to paralyze it.”

As I’ve written in previous stories, the vast majority of delays in permitting processes stem from provisions contained in major federal statutes designed to protect the environment and endangered species. In addition to NEPA, these laws include the Clean Air Act, the Clean Water Act and the Endangered Species Act. Among them all, none has been more broadly abused and misinterpreted by activist courts than NEPA.

In its analysis of the decision, the Institute for Energy Research says, in part, that the “decision means that agencies can approve projects like pipelines, railways, and dams and not be mandated to consider distant environmental effects of the projects, such as increased greenhouse gas emissions, that had stopped or delayed fossil fuel projects from moving forward, particularly during the Biden administration.” But, the author cautions, “the Uinta Basin Railway project could still face additional legal and regulatory hurdles within Colorado,” despite the ruling.

The good news is that even the liberal justices on the Supreme Court appear to be developing a growing awareness of just how absurd some of the claims made in lawsuits like this case really are. The unanimous nature of this decision inspires some sense of hope that the Trump administration can succeed in some of its efforts to reform the system and put an end to some of the most unjustified delays.

David Blackmon is an energy writer and consultant based in Texas. He spent 40 years in the oil and gas business, where he specialized in public policy and communications.

From the Daily Caller News Foundation

By Mariane Angela

Economist Steve Moore appeared on Fox Business Tuesday to discuss what he called the significance of expanding domestic oil and gas production in the United States.

President Donald Trump’s Executive Order 14154 aims to secure U.S. energy independence and global leadership by awarding 10-year oil and gas leases. During an appearance on “The Bottom Line,” Moore said that if Trump’s energy policies succeed then America will no longer have to rely on foreign oil.

“If Trump goes forward with what he wants to do, and our energy secretary is all in on this, produce as much oil and gas as we can here at home in Texas and North Dakota and Oklahoma and these other states. Then we’re not held hostage anymore to what’s happening in the Middle East,” Moore said. “That’s what’s so frustrating. We have more of this stuff than anybody does.”

WATCH: 

Moore then pointed to some of former President Joe Biden’s early decisions, particularly the cancellation of pipelines. Moore said these actions left the U.S. vulnerable to external energy crises.

“I don’t want to overemphasize the Strategic Petroleum Reserve. It’s good that we have this sort of safety knot in case you have some kind of blow up in the Middle East, like we have now. But, ultimately, what Joe Biden did was the most sinister of all,” Moore said. “You guys remember what was the first thing when he became president? He canceled pipelines. He destroyed our energy infrastructure.”

During his first term, Trump signed executive orders to advance major pipelines, including instructing TransCanada to resubmit its application for a cross-border permit for the Keystone XL Pipeline, which is designed to transport oil from the tar sands of Alberta, Canada to refineries on the Gulf Coast. On his first day in office, Biden revoked the permit for the Keystone XL Pipeline, effectively halting its development.