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The Supreme Court wants to make it easier to build

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29.05.2025
Justice Brett Kavanaugh, left, shares a laugh with Chief Justice John Roberts after inauguration ceremonies on January 20, 2025. | Chip Somodevilla/Getty Images

The Supreme Court handed down an opinion on Thursday that reads like it was written by Ezra Klein and Derek Thompson, the authors of an influential book arguing that excessive regulation of land use and development has made it too difficult to build housing and infrastructure in the United States. (Ezra is also a co-founder of Vox.)

Seven County Infrastructure Coalition v. Eagle County, Colorado concerns a proposed railroad line that would run through 88 miles of Utah, connecting the state’s oil-rich Uinta Basin to the broader national rail network. The line is expected to make it easier to transport crude oil extracted in this region to refineries elsewhere in the country. The Court’s opinion in Seven County places strict new limits on a federal law that a lower court relied upon to prevent this line from being constructed — limits that should make it easier for developers to build large-scale projects.

Before this rail project can move forward, it must be approved by the Surface Transportation Board. Under the National Environmental Policy Act (NEPA), moreover, this board is required to produce an environmental impact statement, which identifies any significant environmental effects from the rail project as well as ways to mitigate those effects.

Significantly, as Justice Brett Kavanaugh explains in the Court’s Seven County opinion, “NEPA........

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