U.S. Supreme Court

Case Status


Docket Number


Cert. Denied


Questions Presented

1. Whether a programmatic environmental assessment and finding of no significant impact regarding the hypothetical future approval of permits for oil and gas well-stimulation treatments constitute “final agency action” for purposes of the Administrative Procedure Act, 5 U.S.C. 704.

2. Whether the Coastal Zone Management Act, 16 U.S.C. 1456, requires the Department of Interior separately to review oil and gas well-stimulation treatments for consistency with California’s coastal zone management program, where private parties applying to conduct those treatments must already certify that consistency.

Case Updates

Cert. petition denied

June 05, 2023

U.S. Chamber files amicus brief urging Supreme Court review of Ninth Circuit decision allowing premature judicial review of programmatic environmental review under National Environmental Policy Act

February 27, 2023

The Chamber’s amicus brief argues that programmatic NEPA reviews organize and streamline agency environmental analysis – enabling timelier, better permitting decision – and the Ninth Circuit decision erodes those benefits.

William M. Jay and Bengamin Hayes of Goodwin Procter LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.

Case Documents