Neal McAliley Interviewed in Inside EPA: “Environmentalists Reassess NEPA Strategy After String of Court Losses”
Neal McAliley was interviewed in an Inside EPA article titled “Environmentalists Reassess NEPA Strategy After String of Court Losses.” The article discusses how environmentalists are reassessing their strategy when bringing new cases under the National Environmental Policy Act (NEPA) following a number of court losses in the wake of the Supreme Court’s landmark Seven County ruling, which reinforced agency deference and narrowed the scope of reviews.
According to McAliley, of the 37 substantive federal district and appellate court decisions issued since the high court ruling, only six have gone in favor of challengers. The lowered plaintiff win rate is based on approximately five months of data, although McAliley suggested it is not yet definitive of a major change. However, he adds, “I think these cases bear out the idea that Seven County is making it harder for plaintiffs to win NEPA cases,” he said, adding, “That is not a surprise.”
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