Louisiana Attorney General Liz Murrill’s office has filed an amicus brief before the U.S. Supreme Court, seeking to overturn a decision perceived as a threat to the energy industry of various states.
The National Environmental Policy Act (NEPA) mandates federal agencies to evaluate the environmental impacts of proposed actions and incorporate public input. The case in question involves a proposed railroad in Utah intended to transport crude oil to the interstate network. The Surface Transportation Board had authorized its construction, but the D.C. Circuit vacated this authorization, citing the need to consider potential downstream environmental effects of oil transported across the country, specifically mentioning Louisiana despite Baton Rouge being approximately 1,536 miles from the new line.
“This is another example of federal bureaucratic overreach that will harm Louisiana and other States whose economies depend on energy, and all Americans who depend on those products. We’ll continue to defend Louisiana and fight the Biden-Harris administration’s disastrous energy policies every step of the way,” said Attorney General Liz Murrill.
The brief emphasizes that “the case is as much about federalism and State sovereignty as it is about environmental law.” It argues that the court's decision undermines existing federal and state regulatory frameworks governing oil transportation from Utah to Louisiana. According to the brief, this ruling threatens cooperative federalism foundational to environmental law and imposes unnecessary red tape detrimental to states reliant on the energy sector.
Louisiana’s brief underscores that “States are not children, and the federal government is not our mother.”
Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma South Carolina South Dakota Tennessee Texas Virginia West Virginia Wyoming joined Louisiana’s friend-of-the-court brief.
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