In a landmark ruling delivered in late 2025, the U.S. Supreme Court significantly narrowed the scope of the National Environmental Policy Act (NEPA).[1] The decision clarifies the extent to which federal agencies must consider indirect environmental impacts – specifically greenhouse gas (GHG) emissions and “climate change” – when approving infrastructure projects. For farmers, ranchers, and rural landowners, this ruling is a major victory that promises to reduce regulatory delays and protect traditional land-use rights.

The case reached the Supreme Court after years of “regulatory yo-yoing” regarding NEPA’s implementation. Federal agencies had increasingly used NEPA to require exhaustive, multi-year climate impact statements for projects that had only a remote connection to federal authority. The Supreme Court’s decision established a strict “but-for” causation standard.The Court ruled that an agency is only responsible for environmental effects that are directly caused by federal action and are within the agency’s statutory authority to regulate.  By doing so, the Court struck down the “cumulative effects” doctrine that often forced local projects (such as small-scale irrigation improvements or grazing permits) to account for global climate trends, a requirement that had become a primary tool for litigation-based delays.

Agricultural operations rely on the timely approval of infrastructure, including pipelines, rural electric transmission lines, and water storage projects. Under the old NEPA interpretation, these projects were frequently stalled for years by “paralysis by analysis.” The 2025 ruling prevents activists from using NEPA to block projects based on broad climate concerns that the acting agency has no power to control. For ranchers with federal grazing allotments, NEPA compliance is a recurring hurdle. Previous interpretations required the Bureau of Land Management (BLM) or the Forest Service to analyze the “global” impact of livestock methane emissions before renewing a permit. The Supreme Court ruling simplifies this process, focusing the analysis on the local condition of the range rather than speculative global climate modeling.

Historically, rural landowners were caught in the crossfire of lawsuits filed by environmental groups against federal agencies. By narrowing the range of impacts an agency must consider, the Court has simultaneously narrowed the grounds upon which a project can be challenged in court. This provides “regulatory finality,” ensuring that once a permit is granted, it is much harder to overturn on technical NEPA grounds.

The Supreme Court’s decision represents a return to the statute’s original intent: ensuring agencies take a “hard look” at immediate environmental consequences without overstepping their legislative bounds. For farmers and ranchers, this translates to lower costs, faster approvals, and a significant reduction in the bureaucratic red tape that has hampered rural development for decades.


[1] Seven County Infrastructure Coal v. Eagle County, 605 U.S. 168 (2025).

Photo of Roger McEowen Roger McEowen

Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas.

Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa, where he was also the…

Roger A. McEowen is the Professor of Agricultural Law and Taxation at Washburn University School of Law in Topeka, Kansas.

Through 2015, he was the Leonard Dolezal Professor in Agricultural Law at Iowa State University in Ames, Iowa, where he was also the Director of the ISU Center for Agricultural Law and Taxation (CALT), which he founded.  Under his leadership, CALT utilized no taxpayer funds in its operations and fully funded staff salaries and benefits, as well as office rent, equipment and supplies, and travel costs from funds generated by seminars and other education-related events and materials.  At ISU he also introduced an agricultural law course into the undergraduate curriculum initially as an experimental course, ultimately building the course from the ground-up to almost 100 students in attendance by the spring semester of 2015.  He was also the highest rated speaker at the annual fall CALT tax schools every year through 2015.  Before joining Iowa State in 2004, he was an associate professor of agricultural law and extension specialist in agricultural law and policy at Kansas State. From 1991-1993, McEowen was in the full-time practice of law with Kelley, Scritsmier and Byrne in North Platte, Nebraska.

McEowen also teaches an undergraduate course in agricultural law at Kansas State University, and has been a visiting professor of law at the University of Arkansas School of Law in Fayetteville, Arkansas, teaching in both the J.D. and L.L.M. programs. He has also previously taught at Washburn Law School and the Drake University School of Law Summer Institute in Agricultural Law.

He has published scholarly articles in the Journal of Agricultural Taxation and LawIndiana Law ReviewDrake Journal of Agricultural LawNorth Dakota Law ReviewNebraska Law ReviewMonthly Digest of Tax ArticlesTax Notes, West’s Social Security Reporting System, Toledo Law ReviewWashburn Law JournalCreighton Law ReviewAgricultural Law Update, and the Agricultural Law Digest. He is the author of Principles of Agricultural Law, an 850-page textbook/casebook that is updated twice annually, and a second 300-page book on agricultural law. His Agricultural Law and Taxation Blog, part of the Law Professor Blogs Network, contains approximately 130 detailed and fully annotated articles annually and is the most widely read agriclultural law and taxation blog online.  In mid-2017, Prof. McEowen’s new book, Agricultural Law in a Nutshell, was published by West Academic Publishing Co.  McEowen also authors the monthly publication, “Kansas Farm and Estate Law.” In addition, he co-authors Bureau of National Affairs (BNA) Tax Management Portfolios on the federal estate tax family-owned business deduction and the reporting of farm income, and is the lead author of a BNA portfolio concerning the income taxation of cooperatives.  He is also the Editor of the Iowa Bar Tax Manual, and Estate Planning for Farmers and Ranchers and Family Business Organizations, both Thomson/West publications.

Prof. McEowen conducts approximately 80-100 seminars annually across the United States for farmers, agricultural business professionals, lawyers, and other tax professionals. He also conducts two radio programs each airing twice monthly heard across the Midwest and on the worldwide web.  In addition,his two-minute radio program, “The Agricultural Law and Tax Report,” is heard each weekday by over 2 million listeners on farm radio stations from NY to CA as well as SiriusXM 147. He also can be seen as a weekly guest on RFD-TV where he discusses various agricultural law and tax topics with the RFD-TV hosts.

In 2003, McEowen was named the recipient of the American Agricultural Law Association (AALA) Distinguished Service Award, becoming the youngest recipient in AALA history.  He is also the recipient of the AALA’s award of excellence for professional scholarship. In 2006, McEowen was named the President-Elect of the AALA.

He received a B.S. with distinction from Purdue University in Management in 1986, an M.S. in Agricultural Economics from Iowa State University in 1990, and a J.D. from the Drake University School of Law in 1991.

He is a member of the Iowa and Kansas Bar Associations and is admitted to practice in Nebraska. He is also a past member of the AALA Board of Directors.