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Full-Text Articles in Law
Alaska Wilderness League V. Jewell, Kevin B. Rechkoff
Alaska Wilderness League V. Jewell, Kevin B. Rechkoff
Public Land & Resources Law Review
The Ninth Circuit employed Chevron deference in their decision to confirm BSEE’s approval of Shell’s Oil Spill Response Plans. This holding represents a potential nail in the coffin for the parties seeking to block offshore drilling permits. Although the dissent refutes the majority’s interpretation of the ESA and NEPA consultation processes, this case stands as an example of how ambiguity in statutory language can have dire consequences on citizens seeking to enforce harsher environmental standards under an APA challenge.
Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick Vandenbos
Shell Gulf Of Mexico, Inc. V. Center For Biological Diversity, Nick Vandenbos
Public Land & Resources Law Review
In an attempt to stave off what it saw as impending litigation, Shell Gulf of Mexico, Inc. filed suit under the Declaratory Judgment Act against a range of environmental groups opposed to Shell’s oil exploration in the Beaufort and Chukchi seas of Alaska’s Arctic Coast. Shell requested a declaratory judgment that its oil spill response plans, as approved by the Bureau of Safety and Environmental Enforcement, did not violate the Administrative Procedures Act. Although noting the novelty of Shell’s argument, the United States Court of Appeals for the Ninth Circuit concluded the district court had erred in determining a justiciable …