Department of Transportation v. Public Citizen (SCOTUS 2004)

Summary

Justice Thomas delivered the unanimous opinion of the Court. The Court held that FMCSA was not required under NEPA to evaluate the environmental effects of increased Mexican truck traffic because its limited statutory authority gave it no discretion to prevent that traffic. Mere but-for causation was insufficient to attribute those effects to the agency. Respondents also forfeited their challenge concerning additional regulatory alternatives by failing to raise it during the administrative proceedings. Under the Clean Air Act regulations, the truck emissions were neither direct emissions occurring at the time and place of the rulemaking nor indirect emissions subject to FMCSA's practical and continuing control. The Court reversed the Court of Appeals and remanded. There were no separate opinions.

Holding

Preservation of objections concerning regulatory alternatives.. Respondents forfeited their objection that the environmental assessment inadequately discussed alternatives because they did not identify additional alternatives or urge their consideration during the administrative proceedings.

NEPA responsibility for environmental effects beyond the agency's statutory control.. When an agency lacks authority to prevent an environmental effect, it is not a legally relevant cause of that effect and need not evaluate it in its environmental assessment. FMCSA therefore did not violate NEPA by excluding the environmental effects of increased Mexican truck traffic.

Clean Air Act conformity review of Mexican truck emissions.. FMCSA did not violate the Clean Air Act or its implementing regulations by excluding Mexican truck emissions from its determination whether a full conformity review was required.

Department of Transportation v. Public Citizen

Summary

Holding

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