In this instance, the application is an administrative function, in which the court has no business in the first place UNLESS it is demonstrated that the consequences have been systematically reckless, which they have not.
Being no expert on NEPA, I am admittedly not an authority on the law, nor the intent. I am only saying that when the two judges that ruled against the Bush Administration position are presumably conservative Republican judges, the fault may rest with the law and not the judges.