No. 22-703

American Petroleum Institute, et al. v. Environmental Defense Center, et al.

Lower Court: Ninth Circuit
Docketed: 2023-01-27
Status: Denied
Type: Paid
Amici (2) Experienced Counsel
Tags: administrative-procedure-act agency-action coastal-zone-management-act environmental-assessment final-agency-action oil-and-gas oil-and-gas-permits well-stimulation-treatments
Key Terms:
AdministrativeLaw Environmental
Latest Conference: 2023-06-01
Question Presented (AI Summary)

Whether a programmatic environmental assessment and finding of no significant impact constitute 'final agency action'

Question Presented (from Petition)

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 US.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. (1)

Docket Entries

2023-06-05
Petition DENIED.
2023-05-16
Reply of petitioners American Petroleum Institute, et al. filed. (Distributed)
2023-05-16
DISTRIBUTED for Conference of 6/1/2023.
2023-04-28
Brief of respondents Environmental Defense Center, et al. in opposition filed.
2023-04-28
Brief of Federal respondents in opposition filed.
2023-04-28
2023-03-27
Motion to extend the time to file a response is granted and the time is further extended to and including April 28, 2023, for all respondents.
2023-03-23
Motion to extend the time to file a response from March 29, 2023 to April 28, 2023, submitted to The Clerk.
2023-02-27
2023-02-27
Brief amicus curiae of The Chamber of Commerce of the United States of America filed.
2023-02-24
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2023, for all respondents.
2023-02-22
Motion of the Solicitor General to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
2023-02-17
Motion to extend the time to file a response is granted and the time is extended to and including March 29, 2023, for all respondents.
2023-02-16
Motion to extend the time to file a response from February 27, 2023 to March 29, 2023, submitted to The Clerk.
2023-01-25
Petition for a writ of certiorari filed. (Response due February 27, 2023)
2022-12-15
Application (22A534) granted by Justice Kagan extending the time to file until January 25, 2023.
2022-12-13
Application (22A534) to extend the time to file a petition for a writ of certiorari from December 25, 2022 to January 25, 2023, submitted to Justice Kagan.

Attorneys

American Petroleum Institute, et al.
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner
Environmental Defense Center, Santa Barbara Channelkeeper, Center for Biological Diversity, Wishtoyo Foundation
Linda Jo KropEnvironmental Defense Center, Respondent
Linda Jo KropEnvironmental Defense Center, Respondent
Margaret Morgan HallEnvironmental Defense Center, Respondent
Margaret Morgan HallEnvironmental Defense Center, Respondent
Federal respondents
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent
State of California and California Coastal Commission
Joshua A. KleinCalifornia Department of Justice, Respondent
Joshua A. KleinCalifornia Department of Justice, Respondent
The Chamber of Commerce of the United States of America
William McGinley JayGoodwin Procter, LLP, Amicus
William McGinley JayGoodwin Procter, LLP, Amicus
The States of Texas, Alaska, Idaho, Montana, Oklahoma, and Utah
Judd Edward Stone IITexas Attorney General's Office, Amicus
Judd Edward Stone IITexas Attorney General's Office, Amicus