United States Ninth Circuit
Shell Gulf of Mexico v. Center for Biological Diversity, 13-35835
In this Declaratory Judgment Act suit seeking a declaration that the Bureau of Safety and Environmental Enforcement's approval of two oil spill response plans did not violate the Administrative Procedure Act (APA), denial of defendant environmental groups' motion to dismiss is reversed, where: 1) the lawsuit runs afoul of Article III's case or controversy requirement because plaintiff does not have legal interests adverse to the Bureau under the APA; and 2) plaintiff may not file suit solely to determine who would prevail in a hypothetical suit between defendants and the Bureau.
Appellate Information
- Decided 11/12/2014
- Published 11/12/2014
Judges
- Nelson
Court
- United States Ninth Circuit