Amicus Brief: Supreme Court Review of Federal Permitting Requirements

ARTBA joined a broad industry coalition in filing an amicus brief before the U.S. Supreme Court in United States Department of the Air Force v. Prutehi Guåhan, a case that could have significant implications for federal permitting and environmental review requirements. The coalition argued that a permit application is not a final agency action that should be subject to immediate judicial review and that agencies should not be required to conduct duplicative environmental reviews when a permitting program already requires a comprehensive evaluation of environmental impacts. The brief emphasized that allowing premature challenges and overlapping review requirements would increase costs, create uncertainty, and delay projects.

Read the full brief here.