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ARTICLE · 05 JUNE 2026

One Year After Seven County: Trends In NEPA Review And Litigation Risk

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Federal courts have consistently applied the Supreme Court's Seven County decision over the past year, establishing a highly deferential standard for NEPA review that favors agencies and project proponents.

United StatesEnvironment
Tommy Beaudreau
Tommy Beaudreau
H. David Gold
H. David Gold
Caroline McHugh
Caroline McHugh
Barak Kamelgard
Barak Kamelgard
Ethan McKenzie
Ethan McKenzie
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One year ago, on May 29, 2025, the US Supreme Court issued its unanimous decision in Seven County Infrastructure Coalition v. Eagle County, which established a “course correction” to bring agency compliance and judicial review under the National Environmental Policy Act (NEPA) back in line with the statutory text.1 The Court aimed to rein in practices by agencies and lower courts that over time had expanded the NEPA process beyond its statutory basis and to clarify that courts must afford substantial deference to agency decision-making in implementing this procedural statute.2

Federal courts have since applied Seven County consistently across a broad range of NEPA disputes. Based on a review of dozens of district and circuit court decisions applying Seven County, this alert provides a one-year retrospective, highlighting key trends and practical takeaways for entities navigating NEPA review. The emerging case law reflects a strong and consistent trend demonstrating that lower

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