Citizens for Clean Air & Clean Water in Brazoria County v. United States Department of Transportation, No. 23-60027 (5th Cir. 2024)
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In this case, a government agency had approved a license to construct and operate a massive deepwater oil facility off the coast of Texas. Several environmental organizations alleged that the approval was unreasonable, arguing that the agency failed to adequately support its decision with a thorough environmental impact analysis. The groups claimed this was in violation of the Deepwater Port Act and the National Environmental Policy Act. They contended that the agency's approval was arbitrary or capricious. The environmental organizations asserted that operating the facility would produce emissions equivalent to more than 80 new coal-fired power plants and could increase the likelihood of mass oil spills along miles of the Texas coastline. They also voiced concerns about potential threats to the Gulf's marine environment.
After their concerns were initially dismissed by the agency overseeing the project, the environmental organizations appealed the licensing decision. They claimed the agency had not conducted the appropriate level of review in its environmental impact statement and had not followed relevant statutory provisions during the approval process.
The United States Court of Appeals for the Fifth Circuit held that the agency had adequately considered the environmental consequences of the facility before approving its deepwater port license. The court found that the agency's decision was not arbitrary or capricious, and as such, it denied the petition for review brought by the environmental organizations. The court ruled that the agency had taken a "hard look" at the environmental consequences of the project, provided sufficient detail for the public to understand and consider the relevant environmental influences, and evaluated alternatives in a way that permitted a reasoned choice among different courses of action.
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