Center for Biological Diversity v. Export-Import Bank of the United States, No. 16-15946 (9th Cir. 2018)
Annotate this CaseThe Ninth Circuit affirmed the district court's grant of summary judgment for the Bank in an action challenging the Bank's authorization of nearly $4.8 billion in financing for two liquid natural gas projects near the Great Barrier Reef. The panel held that events occurring after the district court's ruling did not make environmental group plaintiff's claims moot. However, plaintiffs lacked standing because, even under the relaxed redressability standards applicable in this case, plaintiffs failed to show that performance of the additional procedures required under the Endangered Species Act and the National Historic Preservation Act could redress the alleged environmental injury.
Court Description: Environmental Law / Mootness / Standing The panel affirmed the district court’s grant of summary judgment in favor of the Export-Import Bank of the United States, and its chairman, based on the plaintiff environmental groups’ lack of standing to bring their challenge to the Bank’s authorization of nearly $4.8 billion in financing for two liquid natural gas projects near the Great Barrier Reef in Australia. Plaintiffs sought relief based on defendants’ alleged violations of their procedural rights under the Endangered Species Act and the National Historic Preservation Act. The panel held that events subsequent to the district court’s ruling – the completion of the projects and disbursement of the loans - did not render plaintiffs’ claims moot. The panel held that given the record, it was unable to determine whether the entirety of the transaction had been
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