Case Summary Citation
Alaska Wilderness League v. Jewell, 788 F.3d 1212 (9th Cir. 2015)
Abstract
The Ninth Circuit employed Chevron deference in their decision to confirm BSEE’s approval of Shell’s Oil Spill Response Plans. This holding represents a potential nail in the coffin for the parties seeking to block offshore drilling permits. Although the dissent refutes the majority’s interpretation of the ESA and NEPA consultation processes, this case stands as an example of how ambiguity in statutory language can have dire consequences on citizens seeking to enforce harsher environmental standards under an APA challenge.