9th Circuit Affirms Summary Judgment of No Standing in Endangered Species Act Case

by  John M. Simpson

On June 28, 2018 a panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a summary judgment determining that certain environmental organizations had no Article III standing to pursue claims under the Endangered Species Act (ESA) and National Historic Preservation Act (NHPA) as to financing authorizations by the Export-Import Bank of the United States with respect to two liquid natural gas projects in Queensland, Australia near the Great Barrier Reef.  Center for Biological Diversity v. Export-Import Bank of the United States, ___ F.3d ___, No. 16-15946 (9th Cir. June 28, 2018).  The court found that plaintiffs failed to satisfy the redressability requirement under the “relaxed standard” for standing in “procedural rights” cases.  Slip op. at 14.  Continue reading “9th Circuit Affirms Summary Judgment of No Standing in Endangered Species Act Case”

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