NEPA LITIGATION SNAPSHOT
(2001-2024)
2,833+ CASES
2,160 DISTRICTS + 673 APPELLATE
USFS, BLM, DOI
50+ OF CASES I AGENCIES WIN 75-80%
72% ENVIRONMENTAL GROUPS
10 GROUPS = 35% OF CASES | 26% SUCCESS RATE
+4.2 YEARS DELAY
EIS AVG. 600+ PAGES, 4.5+ YEARS; 25% TAKE 6+ YEARS
$4M-$85M PER EIS
DOE AVG. $6.6M | SIGNIFICANT COSTS &
PROJECT ABANDONMENT
KEY TAKEAWAY
NEPA LITIGATION DRIVES DELAYS, HIGH COSTS, AND PROJECT ABANDONMENT WITH LITTLE ENVIRONMENTAL GAIN
PATH FORWARD
REFORMS IN THE FISCAL RESPONSIBILITY ACT (2023) NOW STREAMLINE REVIEWS. THE PROPOSED SPEED ACT WOULD FURTHER LIMIT JUDICIAL DELAYS AND MODERNIZE NEPA.
*Full report is coming in 2026