Forum
U.S. Supreme Court
Case Status
Decided
Docket Number
Term
Cert. Denied
Lower Court Opinion
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.