Understanding NEPA Litigation
"NEPA litigation overwhelmingly functions as a form of delay, as most cases take years before courts ultimately rule in favor of the defending federal agency."
What It’s About
The authors analyze appellate court cases from 2013 to 2022 involving the National Environmental Policy Act (NEPA), revealing how litigation under this law often delays projects without substantially enhancing environmental protection. NEPA, originally meant as a coordination tool to ensure development wouldn’t degrade the environment, has become a weapon against investments that our environment desperately needs.
Upshot
The report highlights:
- Extended Delays, Limited Impact: NEPA litigation adds an average of 4.2 years to project timelines, yet agencies prevail in approximately 80% of cases, indicating minimal changes to environmental outcomes
- Dominance by NGOs: Nonprofit groups initiated 72% of all cases, succeeding only 22% of the time
- Impact on Critical Sectors: Public land projects (37%) and energy projects (29%) faced the highest litigation rates, causing significant delays to infrastructure, including renewable energy and wildfire management initiatives
Did you know? The Sierra Club was the most frequent plaintiff of NEPA lawsuits between 2013 and 2022.
Why It Matters
The Breakthrough Institute digs into the weeds of NEPA to show exactly how and why the environmental review process holds back environmental progress.
Who Wrote It
Nikki Chiappa was an Associate Director at the Breakthrough Institute.
Ted Nordhaus is the founder and executive director of the Breakthrough Institute.
Alex Trembath is the deputy director of the Breakthrough Institute.
Elizabeth McCarthy is a research assistant at the Breakthrough Institute.
Jennifer Hernandez is a Board Member at the Breakthrough Institute and Partner at Holland & Knight.