Firm to Farm: National Environmental Policy Act — The “Top 10" Agricultural Law and Tax Developments of 2025

In a landmark ruling delivered in late 2025, the U.S. Supreme Court significantly narrowed the scope of the National Environmental Policy Act.

Grazing cattle, various breeds

Carrie – stock.adobe.com

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 increasingly use NEPA to require exhaustive, multi-year climate impact statements for projects with 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 timely approvals for 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 by focusing the analysis on the local conditions 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.

Related Stories: Firm to Farm
RFD-TV’s farm legal expert, Roger McEowen, digs into the details of both the LRP and the LGM programs, two essential risk management tools for cattle producers.
The FAA’s proposed rule to allow drones to operate beyond visual line of sight (BVLOS) could soon revolutionize how farmers and ranchers manage their land.
RFD-TV Farm Legal and Tax Expert Roger McEowen with the Washburn School of Law dives into a “potpourri” of ag tax and law-related issues in his latest Firm to Farm blog post.

LATEST STORIES BY THIS AUTHOR:

When a person is enrolled in Medicare, HSAs and HCSMs can be impacted. It’s important to understand how the interactions work.
This Firm to Farm blog post by farm legal and taxation expert Roger McEowen of the Washburn School of Law discusses the Small Tracts Act and resolving issues with the US Forest Service.
Farm legal and taxation expert Roger McEowen discusses the rise of drone technology in agriculture and how the ”plain view” doctrine could inform future regulatory law and insurance inspections of farmland.
Farm legal and taxation expert Roger McEowen briefly discusses a range of topics related to farm-related taxes, estate planning, and farm transitions.
Recurring (and recent) tax and legal issues impacting farmers and ranchers – it’s the topic of today’s Firm to Farm blog post by farm legal and tax expert Roger McEowen with the Washburn School of Law.
Farm legal and taxation expert Roger McEowen discusses tariffs’ impacts on agriculture, deferred payment contracts, tax easement issues, and the rise in warrantless searches on farms and ranches.