American Petroleum Institute v. Environmental Defense Center

U.S. Supreme Court

Question(s) 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.

Tab Group

Petition Stage

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

Ninth Circuit Opinion -- American Petroleum Institute v. Environmental Defense Center (U.S. Supreme Court).pdf

U.S. Chamber Amicus Brief -- American Petroleum Institute v. Environmental Defense Center (U.S. Supreme Court).pdf