American Independence Mines and Minerals Co. v. Department of Agriculture

Case Updates

The U.S. Chamber urged the U.S. Supreme Court to review a decision by the Ninth Circuit Court of Appeals, which held that federal courts are closed to plaintiffs acting to protect their economic interest by challenging agency action under NEPA. This decision represents another dramatic departure by the Ninth Circuit from that of other circuit courts of appeal, which have found plaintiffs acting to protect their economic interests have standing. The Chamber argued in its amicus brief that this decision creates an arbitrary regime in which plaintiffs can bring suit in some parts of the country but not others. The Chamber pointed out that Congress did not intend NEPA to be a completely one-sided - a statute which may be invoked solely by “environmentally-friendly” organizations, while shutting out those with economic concerns about environmental regulation. The Chamber also argued that under the Ninth Circuit's rule, litigants who are concerned about the economic impact of potentially devastating economic losses lack standing to hold federal agencies accountable for unlawful conduct.