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CENTER FOR BIOLOGICAL DIVERSITY v. U.S. DEPT. OF INTERIOR

Nos. 07-1247, 07-1344.

563 F.3d 466 (2009)

CENTER FOR BIOLOGICAL DIVERSITY, Petitioner v. UNITED STATES DEPARTMENT OF the INTERIOR, Respondent American Petroleum Institute, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 17, 2009.

Attorney(s) appearing for the Case

William J. Snape III argued the cause for petitioner Center for Biological Diversity. On the briefs were Matthew Vespa, Andrea A. Treece, Miyoko Sakashita, and Brendan R. Cummings.

Peter H. Van Tuyn argued the cause and filed the briefs for petitioners Native Village of Point Hope, et al. James B. Dougherty entered an appearance.

Janis M. Searles was on the brief for amici curiae Ocean Conservancy, et al. in support of petitioners.

Deborah A. Sivas was on the brief for amici curiae W. Michael Hanemann and Charles Kolstad in support of petitioners.

Sambhav N. Sankar, Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief was Ryan D. Nelson, Deputy Assistant Attorney General. Katherine W. Hazard, Attorney, entered an appearance.

Steven J. Rosenbaum argued the cause for intervenor. With him on the brief were Theodore L. Garrett, Mark W. Mosier, and Erik G. Milito.

Concurring opinion filed by Circuit Judge ROGERS.

SENTELLE, Chief Judge:

In August 2005, the United States Department of Interior (Interior) began the formal administrative process to expand leasing areas within the Outer Continental Shelf (OCS) for offshore oil and gas development between 2007 and 2012. This new five-year Leasing Program included an expansion of previous lease offerings in the Beaufort, Bering, and Chukchi Seas off the coast of Alaska. Petitioners filed independent petitions for review challenging...

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