Brief for SCOTUS Railway Case Filed by Forestry, Oil and Natural Gas Associations

DENVER – Today, the American Forestry Resource Council (AFRC) and Western Energy Alliance (Alliance) submitted an amicus brief to the Supreme Court in support of the petitioners in Seven County Infrastructure Coalition and Uinta Basin Railway, LLC v. Eagle County, Colorado et al. Mountain States Legal Foundation (MSLF), led by counsel Ivan London and Grady J. Block, prepared and filed the petition on behalf of the two associations, whose forestry products and oil and natural gas members, respectively, operate on federal lands and are deeply affected by how the federal government conducts National Environmental Policy Act (NEPA) analyses and the ways anti-development groups use NEPA litigation to delay or halt projects.
 
For decades, anti-development interests have wielded NEPA as a weapon to cut down responsible resource-management activities that are in the public interest. AFRC and the Alliance have taken part in countless administrative processes and legal challenges on the scope of NEPA reviews for projects ranging from individual oil and gas wells and forest management projects to region-wide plans and programs. Repeatedly, anti-development litigants abuse NEPA. They demand exhaustive analyses of every remote alternative and impact—not to improve agency decision-making, but to stop development. As a result, NEPA reviews now routinely span thousands of pages and require five years or more to complete, only to be challenged in court anyway.

“AFRC appreciates the Mountain States Legal Foundation for their efforts in bringing this important case to the U.S. Supreme Court,” said Sara Ghafouri, AFRC General Counsel. “We also thank Western Energy Alliance for partnering with us on a strong amicus brief that explains the consequences of agency overreach to our western communities. This case presents an opportunity for the Court to enforce critical limits on NEPA’s scope and prevent further weaponization of the statute, and to reinforce congressional intent that the responsible development of America's natural resources is the public interest.”
 
“Western Energy Alliance members regularly lease federal lands and develop oil and natural gas,” said Kathleen Sgamma, president of the Alliance. “Development is subject to multiple rounds of NEPA, with no certainty that the analysis will be done in a timely manner or will withstand litigation subject to the vagaries of judge and venue shopping by unaccountable anti-development groups. The Supreme Court granting cert represents a once-in-a-decade opportunity to address issues with NEPA and ensure a level playing field, whichever circuit or district court litigation may be filed in. The Supreme Court has the opportunity to ensure NEPA is done in a timely, reasonable manner focused on actual impacts of a proposed project, not far-flung, speculative effects well outside the authority of the federal agency doing the analysis. We are pleased to have joined forces with AFRC on this amicus and thank MSLF for their excellent legal work.” 

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About the American Forest Resource Council
AFRC is a regional trade association representing over 50 forest product businesses and forest landowners whose purpose is to advocate for sustained yield timber harvests on public timberlands throughout the West to enhance forest health and resistance to fire, insects, and disease. We do this by promoting active management to attain productive public forests, protect adjoining private forests, and assure community stability. We work to improve federal and state laws, regulations, policies, and decisions regarding access to and management of public forest lands and protection of all forest lands. AFRC strongly believes that healthy managed forests are essential to the integrity of both ecosystems and communities. For more information, visit amforest.org
 
About Western Energy Alliance
Working with a vibrant membership base of independent oil and natural gas companies for over 50 years, Western Energy Alliance stands as a credible leader, advocate, and champion of industry in the West. Our expert staff, active committees, and committed board members form a collaborative and welcoming community of professionals dedicated to abundant, affordable energy and a high quality of life for all. Learn more at www.westernenergyalliance.org.
 
About Mountain States Legal Foundation
Mountain States Legal Foundation (MSLF) is a nonprofit, public-interest legal foundation established in 1977. MSLF is dedicated to individual liberty, the right to own and use property, limited and ethical government, and the free enterprise system. MSLF defends its clients through pro bono litigation—primarily against the federal government—in defense of constitutional liberties and the rule of law.