Red State AGs Urge High Court to Reverse Permitting Decision

June 1, 2026, 8:12 PM UTC

A coalition of 21 Republican attorneys general called on the US Supreme Court to overturn a decision they say lets activist groups stop projects before agencies can even review them.

Should the lower court decision stand, any group could block any project they oppose, at any stage—including important housing, energy, and military works—often with little environmental benefit, the attorneys said in a brief filed May 29.

The amicus brief led by West Virginia Attorney General John “JB” McCuskey pairs up with Republicans’ broad attack on permitting rules laid out in the National Environmental Policy ...

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