United States Ninth Circuit

Upon a petition for review under the National Environmental Policy Act (NEPA) and the Outer Continental Shelf Lands Act (OCSLA) of the Minerals Management Service's approval of a plan to explore for oil in the Beaufort Sea, the approval is vacated and remanded where: 1) the agency did not meet its statutory obligation to take a "hard look" at the impacts of the proposal on bowhead whales and Inupiat subsistence activities; 2) the agency incorrectly determined that no environmental impact statement was required; and 3) the approval also violated OCSLA's requirements that the agency review and approve specific proposed well location and spacing.

Appellate Information

• Argued 12/04/2007
• Decided 11/20/2008
• Published 11/20/2008

Judges

• Before:  DOROTHY W. NELSON, STEPHEN REINHARDT, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Christopher Winter, Crag Law Center, Portland, OR;  Deirdre A. McDonnell, Earthjustice, Juneau, AL, for the petitioners.


• For Appellees:
  
• David C. Shilton, United States Department of Justice, Washington, D.C., for the respondent., Kyle W. Parker, Patton Boggs LLP, Anchorage, AL, for the respondent-intervenor.