United States Fifth Circuit

A petition for review of a decision of the Secretary of the Department of Transportation granting a license for a liquified natural gas facility in the Gulf of Mexico under the Deepwater Port Act is denied over petitioners claims that: 1) an Environmental Impact Statement required by the National Environmental Policy Act (NEPA) was deficient; and 2) the Secretary violated the Deepwater Port Act by failing to require that the proposed facility use a closed loop system.

Appellate Information

• Decided 06/08/2006
• Published 06/08/2006

Judges

• W. EUGENE DAVIS, Circuit Judge:, Before HIGGINBOTHAM, DAVIS and STEWART, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Adam Lawrence Babich, Tulane University, School of Law, Karla Raettig, Jill Marie Witkowski, Tulane University, Environmental Law Clinic, New Orleans, LA, for Petitioners., David Andrew Savage, Baker Botts, Austin, TX, Jacob Scott Janoe, Baker Botts, Houston, TX, for ConocoPhillips Co., Compass Port LLC and Beacon Port LLC., Warren Wayne Harris (argued), Bracewell & Giuliani, Houston, TX, for Gulf Landing LLC., Joel R. Waltzer, Waltzer & Associates, Harvey, LA, for Rodnreel.com and Louisiana Bayoukeepers, Amici Curiae.


• For Appellees:
  
• Todd Sunhwae Kim (argued), U.S. Dept. of Justice, Environment & Natural Resources Div., Lane Harrison Nemirow, John Jamian, U.S. Dept. of Transp., Maritime Admin., Paul Maitland Geier, U.S. Dept. of Transp., Washington, DC, for Respondent.