U.S. Court of Appeals for the Ninth Circuit

Case Status


Docket Number

07-71457, 07-71989, 07-72183


Case Updates


June 06, 2009

The Ninth Circuit rejected as moot NCLC's brief urging the court to rehear this case en banc.

U.S. Chamber files amicus brief urging for agency reviews to be required by Naitonal Environmental Policy Act

February 17, 2009

NCLC urged the court to rehear this case en banc in order to clarify that the National Environmental Policy Act (NEPA) requires an agency to conduct a ‘full and fair’ discussion of environmental impacts. The lower court’s erroneous interpretation of NEPA - which effectively required an agency to address, in detail, every conceivable environmental impact - could make all federal projects, not just the energy project at issue in this case, vastly more expensive and even financially prohibitive.

Case Documents