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A majority of the en banc court instead seeks to explain away the panel's conclusion as dicta. Will the Supreme Court agree?

Thanks to the lengthy approval process and special interests surrounding environmental review, it takes far longer to build anything in the United States than in other developed countries.

Company monopolies and the need to have goods shipped from Cairns has left Torres Strait Islanders paying over-the-top food prices in Queensland.

The National Environmental Policy Act, enacted in 1970, is widely viewed as a keystone U.S. environmental law. For any major federal action that affects the environment, such as building an interstate highway or licensing a nuclear power plant, NEPA requires relevant agencies to analyze environmental impacts, consider reasonable alternatives and…