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ALASKA WILDERNESS LEAGUE v. KEMPTHORNE

Nos. 07-71457, 07-71989, 07-72183.

548 F.3d 815 (2008)

ALASKA WILDERNESS LEAGUE; Natural Resources Defense Council, Inc.; Pacific Environment and Resources Center, Petitioners, v. Dirk KEMPTHORNE, et al., Respondent, Shell Offshore, Inc., Respondent-Intervenor. Resisting Environmental Destruction on Indigenous Lands, A Project of the Indigenous Environmental Network; Center for Biological Diversity and Sierra Club, Petitioners, v. Dirk Kempthorne, et al., Respondent, Shell Offshore, Inc., Respondent-Intervenor. North Slope Borough; Alaska Eskimo Whaling Commission, Petitioners, v. Dirk Kempthorne, et al., Respondent, Shell Offshore, Inc., Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed November 20, 2008.

Attorney(s) appearing for the Case

Christopher Winter, Crag Law Center, Portland, OR; Deirdre A. McDonnell, Earthjustice, Juneau, AL, for the petitioners.

David C. Shilton, United States Department of Justice, Washington, D.C., for the respondent.

Kyle W. Parker, Patton Boggs LLP, Anchorage, AL, for the respondent-intervenor.

Opinion by Judge D.W. Nelson; Dissent by Judge Bea

OPINION

D.W. NELSON, Senior Circuit Judge:

Petitioners are six organizations that support environmental conservation, indigenous communities, and wildlife populations of Northern Alaska. They challenge the Minerals Management Service's ("MMS") approval of an exploration plan submitted by Shell Offshore Inc. ("Shell"). Shell seeks to drill multiple offshore exploratory oil wells over a three-year period in the Alaskan Beaufort Sea.

Petitioners challenge...

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