Neil Gorsuch Corrects Trump DOJ Lawyer During Supreme Court Arguments
The Supreme Court is deciding whether an environmental review must be done before a permit is applied for.
During Wednesday's Supreme Court oral arguments, Justice Neil Gorsuch interrupted assistant Solicitor General Sopan Joshi to clarify a point regarding two conflicting statutes. The case concerned the Air Force's application for a permit to burn old explosives and munitions at Tarague Beach, with environmental group Prutehi Guahan arguing that the Air Force must conduct an environmental study under the National Environmental Policy Act (NEPA) in addition to the Resource Conservation and Recovery Act (RCRA).
Joshi contended that RCRA requires environmental analysis throughout the permit process, potentially overriding NEPA. However, Gorsuch reminded Joshi that the Court typically asks parties to comply with both statutes when possible, asserting that the "norm" is to reconcile and obey all congressional commands when they are not in direct conflict.
The court seemed divided on issues of early litigation and procedural hurdles, with justices questioning the practicality of environmental reviews coming after permit decisions.
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