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Supreme Court may sharply limit environmental impact statements that block energy development

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Supreme Court may sharply limit environmental impact statements that block energy development

The Supreme Court may be about to sharply limit the reach of so-called environmental impact statements, which gauge potential harm caused by new developments and can often block or scale back large projects.

For more than 50 years, federal law has required agencies to take a hard and broad look at the “reasonably foreseeable environmental effects” of a building or development project before approving it.

The justices sounded ready on Tuesday to reconsider that approach in a case involving a proposed 88-mile railroad line in Utah that would allow crude oil to be shipped to refineries on the Gulf Coast.

“Focus on the project,” argued Paul Clement, a Washington attorney representing county governments in support of the project. He urged justices to consider only the direct impact of the rail line’s construction, and not potential secondary impacts that are “remote in time and space.”

In their comments and questions, the justices appeared to agree.

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If so, their ruling could rein in the reach of environmental impact statements, an outcome that would be welcomed by developers and condemned by environmentalists.

Three years ago, the Surface Transportation Board, the federal agency which regulates freight railroads, approved the construction of the Utah rail project

But it did not weigh the environmental impact of drilling new oil wells in northeastern Utah, the extra air pollution at the refineries on the Gulf or the danger of sending nine more trains per day along the Colorado River and through the Rockies.

Environmentalists sued along with Eagle County, Colo., and won a ruling from the D.C. Circuit Court of Appeals last year that said the board had failed to consider the “upstream and downstream” impacts on the environment.

The seven Utah counties appealed, arguing the D.C. court had gone too far.

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Eight justices appeared to agree that decision should be reversed.

Justice Neil M. Gorsuch, a Colorado native who is a friend of billionaire Philip Anschutz, said last week that he would not participate in the decision. Anschutz is not a party to the case, but the Anschutz Exploration Group, which produces oil and gas in Utah, Colorado and Wyoming, submitted a friend-of-the-court brief which urged the court to limit the law’s focus to environmental effects that are under the direct control of an agency.

Clement, who represented the seven Utah counties, said the court should rein in the “bloated and anti-development” impact statements that range too broadly.

He said it made sense for the federal board to consider the railroad’s potential impact on the bighorn sheep in the area, but not “imponderables,” such as a potential rail accident hundreds of miles away or extra air pollution on the Gulf Coast.

The Center for Biological Diversity, which sued to challenge the Utah railroad, said environmental impact statements have been crucial to protecting the environment since the early 1970s. It said agencies have been on notice “to consider whether their actions will have long-term, and potentially irreversible, environmental effects.”

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These impact statements permit the government and the public to weigh the harms as well as the benefits of a new development.

Wendy Park, an attorney at the center, said “communities in the Uinta Basin and the Gulf Coast will suffer the most from this oil railroad, while oil companies enrich themselves at the expense of the environment and people’s health. It’s disgraceful the railroad’s backers want federal agencies to turn a blind eye to those harms.”

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Manhattan DA’s office employee charged with sexual abuse after alleged incident on Queens subway

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Manhattan DA’s office employee charged with sexual abuse after alleged incident on Queens subway

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An analyst with the Manhattan District Attorney’s Office was arrested Tuesday on allegations that he sexually abused a woman while off duty, police told Fox News Digital Wednesday. 

Tauhid Dewan, 28, is accused of inappropriately touching a 40-year-old woman’s private area during a late-afternoon rush-hour subway ride in Queens, according to local outlet PIX11. 

The victim was reportedly a random woman, the outlet added, citing sources who said she and the suspect were strangers. 

A spokeswoman for the office told Fox News Digital that the staffer has since been suspended.

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MAN ARRESTED IN NYC STRANGULATION DEATH OF WOMAN FOUND OUTSIDE TIMES SQUARE HOTEL

Tauhid Dewan, 28, was arrested in New York City Tuesday following allegations that the Manhattan DA staffer innapropriately touched a woman during a subway ride (LinkedIn)

According to the New York Police Department, Dewan was arrested around 5 p.m., possibly after returning from work.

PIX11 added that the arrest occurred minutes after the incident, which allegedly took place on a No. 7 train near the Junction Boulevard station.

He was subsequently arrested by the NYPD Transit Bureau and is facing multiple charges, including forcible touching on a bus or train, third-degree sexual abuse, and second-degree harassment involving physical contact.

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He was also charged with acting in a manner injurious to a child under the age of 17, suggesting a minor may have been nearby and either witnessed the alleged conduct or was placed at risk by it.

ERIC SWALWELL FACES MANHATTAN SEX ASSAULT PROBE AFTER ENDING CALIFORNIA GOVERNOR CAMPAIGN AMID ALLEGATIONS

Tauhid Dewan is an employee of the Manhattan District Attorney’s Office, which is led by DA Alvin Bragg. (Spencer Platt/Getty Images)

Law enforcement sources said Dewan has no prior arrests, local outlets reported.

According to city records, Dewan has worked at the Manhattan District Attorney’s Office as a senior investigative analyst for nearly four years, since July 10, 2022.

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People board a train at a subway station in New York City on Aug. 1, 2025. (Gary Hershorn/Getty Images)

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His arraignment in Queens Criminal Court was scheduled for Wednesday, according to state records. 

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As primary election nears, top candidates for California governor debate tonight

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As primary election nears, top candidates for California governor debate tonight

With the California governor’s race quickly approaching, six candidates will face off Wednesday evening in the first debate since former Rep. Eric Swalwell dropped out of the race in the aftermath of sexual assault and misconduct allegations.

The debate takes place at a critical moment in the turbulent contest to replace termed-out Gov. Gavin Newsom. Ballots will start landing in Californians’ mailboxes in less than two weeks, and voters are split by a crowded field of eight prominent candidates. The debate also takes place after former state Controller Betty Yee ended her campaign because of a lack of resources and support in the polls.

Two Republicans — Riverside County Sheriff Chad Bianco and conservative commentator Steve Hilton — and four Democrats — billionaire Tom Steyer, former Biden administration Secretary Xavier Becerra, former Orange County Rep. Katie Porter and San Jose Mayor Matt Mahan — will take the stage at Nexstar’s KRON4 studios in San Francisco. Former Los Angeles Mayor Antonio Villaraigosa and state Supt. of Public Instruction Tony Thurmond, both Democrats, were not invited to participate because of their low polling numbers.

As the candidates strive to distinguish themselves in a crowded field, the debate could include fiery exchanges about the role of money in politics and potential heightened attacks on Becerra, who has surged in the polls since Swalwell dropped out. With the debate taking place on Earth Day, environmental issues are also likely to be raised.

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The Wednesday night gathering is the first televised debate in the gubernatorial contest since early February. Last month, USC canceled a debate hours before it was set to begin over mounting criticism that its criteria excluded all major candidates of color.

The 7 p.m. debate is hosted by Nexstar and will be moderated by KTXL FOX40 anchor Nikki Laurenzo and KTLA anchor Frank Buckley. It can be viewed on KRON4 (San Francisco), KTLA5 (Los Angeles), KSWB/KUSI (San Diego), KTXL (Sacramento), KGET (Bakersfield) and KSEE (Fresno). NewsNation will also air the debate.

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Video: Virginia Voters Approve New Map Favoring Democrats

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Video: Virginia Voters Approve New Map Favoring Democrats

new video loaded: Virginia Voters Approve New Map Favoring Democrats

Virginia voters approved a new map that could flip four House seats away from Republicans going into the 2026 midterm elections. It was the latest fight in the national redistricting war.

By Shawn Paik

April 22, 2026

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