Supreme Court limits judges' authority to block infrastructure projects over environmental concerns

Supreme Court's 8-0 decision curtails judicial power in environmental cases, emphasizing agency discretion under NEPA for infrastructure project impacts.

The U.S. Supreme Court is shown at dusk on June 28, 2023, in Washington, D.C. (Drew Angerer/Getty Images)

Kavanaugh went on to state that agencies should not be expected to consider the environmental impact of any project aside from the one they are currently working on, "even if" the environmental impacts "might extend outside the geographical territory of the project or materialize later in time."

"The fact that the project might foreseeably lead to the construction or increased use of a separate project does not mean the agency must consider that separate project’s environmental effects," the court ruled.

Thursday's decision was an 8-0 ruling, with Justice Neil Gorsuch taking no part in the consideration of the case. Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito and Amy Coney Barrett joined with Kavanaugh's opinion.

Members of the Supreme Court sit for a group photo at the Supreme Court building on Capitol Hill on Friday, Oct 7, 2022 in Washington, D.C. Bottom row, from left, Associate Justice Sonia Sotomayor, Associate Justice Clarence Thomas, Chief Justice of the United States John Roberts, Associate Justice Samuel Alito, and Associate Justice Elena Kagan. Top row, from left, Associate Justice Amy Coney Barrett, Associate Justice Neil Gorsuch, Associate Justice Brett Kavanaugh, and Associate Justice Ketanji Brown Jackson.  (Jabin Botsford/The Washington Post via Getty Images)

Meanwhile, Justice Sonia Sotomayor filed a separate concurring opinion, onto which joined Justices Elena Kagan and Ketanji Brown Jackson.

Trump, having a history in major construction projects, has repeatedly complained about environmental impact statements and the roadblocks they can cause.

NUMBER OF INJUNCTIONS HALTING TRUMP POLICIES TROUNCES PREDECESSORS BY DOUBLE

Republicans have also widely criticized what they see as judicial overreach in federal judges unilaterally blocking major aspects of Trump's agenda.

"Universal injunctions are an unconstitutional abuse of judicial power," Sen. Charles Grassley, chairman of the Senate Judiciary Committee, told Fox News Digital earlier this month.

"Just this past week, a D.C. district judge issued a universal injunction blocking the president’s executive order requiring voter ID or proof-of-citizenship prior to voting in national election," he continued. "Judges are not policymakers."

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The Supreme Court is considering the wide use of universal injunctions in a separate case that will be handed down in the coming weeks.

Anders Hagstrom is a reporter with Fox News Digital covering national politics and major breaking news events. Send tips to Anders.Hagstrom@Fox.com, or on Twitter: @Hagstrom_Anders.

https://www.foxnews.com/politics/supreme-court-limits-judges-authority-block-infrastructure-projects-over-environmental-concerns