Federal agencies’ environmental reviews of proposed projects should be “a procedural cross-check, not a substantive roadblock,” the U.S. Supreme Court ruled in a May 29 decision that will allow a $1.4-billion Uinta Basin Railway project to advance in Utah. The ruling appears to limit the scope of the National Environmental Policy Act, which requires federal agencies to prepare environmental impact statements for infrastructure projects.

The U.S. Surface Transportation Board, which determines whether to approve construction of new railroad lines, prepared an environmental impact statement that totals more than 3,600 pages before approving the project in 2021. Buta lower court tossed out the approval after finding the review did not sufficiently consider the environmental effects of activity that may be enabled by the railroad’s construction, such as increased oil drilling.

The Supreme Court reversed that decision 8-0. In the majority opinion—three justices agreed with the ruling but differed in their reasoning—Justice Brett Kavanaugh wrote that NEPA requires agencies to focus on the environmental effects of the project in question, but not other partially related environmental impacts.

“In deciding cases involving the American economy, courts should strive, where possible, for clarity and predictability,” he wrote. “Some courts’ NEPA decisions have fallen short of that objective.”

Drill baby drill. NEPA can’t stop this train for energy production and infrastructure. The Supreme Court bitch slapped the lower court into place giving the green light to this project. How much damage will be done to the environment? Only time will tell.