ELR Citation: 48 ELR 20108
No(s). 4:12-cv-06325-SBA (9th Cir. Jun 28, 2018)

The Ninth Circuit upheld a lower court decision rejecting environmental groups' claim that Export-Import Bank violated the ESA and the National Historic Preservation Act (NHPA). The groups argued that the agency failed to follow proper procedures set forth in the ESA and NHPA before approving financing for two liquefied natural gas (LNG) projects located within the Great Barrier Reef World Heritage Area in Australia. The lower court found that the groups failed to establish redressability for their claim, and therefore lacked standing. The appellate court agreed, rejecting the groups’ argument that a favorable federal court decision would provide some relief for their alleged injuries. The agency is a third party to the groups' alleged injuries because it did not build or operate the LNG projects—it only provided partial funding. And the groups failed to show that the agency's performance of the proper ESA and NHPA procedures before approving the financing could redress the alleged environmental injury in this case. Center for Biological Diversity v. Export-Import Bank, No. 4:12-cv-06325-SBA, 48 ELR 20108 (9th Cir. June 28, 2018).