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DEFENDERS OF WILDLIFE v. BUREAU OF OCEAN ENERGY

Nos. 11-12598, 11-12599.

684 F.3d 1242 (2012)

DEFENDERS OF WILDLIFE, Center for Biological Diversity, Natural Resources Defense Council, Petitioners, v. BUREAU OF OCEAN ENERGY MANAGEMENT, United States Department of the Interior, Secretary, Department of the Interior, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Respondents, Shell Gulf of Mexico, Inc., American Petroleum Institute, State of Louisiana, Louisiana Department of Natural Resources, State of Alabama, Governor and the State of Mississippi, Intervenors. Gulf Restoration Network, Inc., Florida Wildlife Federation, Sierra Club, Inc., Petitioners, v. Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary of the Department of Interior, Respondents, Shell Gulf of Mexico Inc., American Petroleum Institute, State of Louisiana, Louisiana Department of Natural Resources, State of Alabama, Governor and the State of Mississippi, Intervenors.

United States Court of Appeals, Eleventh Circuit.

June 22, 2012.

Attorney(s) appearing for the Case

Monica K. Reimer , Earthjustice, Tallahassee, FL, for Plaintiff-Appellant.

Deirdre McDonnell , Center for Biological Diversity, Portland, OR, David Pettit , Stephen Zak Smith , Natural Resources Defense Council, Santa Monica, CA, Catherine M. Wannamaker , Southern Environmental Law Ctr., Atlanta, GA, Sierra B. Weaver , Defenders of Wildlife, Washington, DC, for Petitioners in No. 11-12598.

David G. Guest , Alisa A. Coe , Earthjustice, Tallahassee, FL, for Petitioners in No. 11-12599.

David C. Shilton , U.S. Dept. of Justice, Environmental & Natural Res. Div., Dennis Daughtry , Lars Herbst , U.S. Dept. of Interior — Office of the Sol., Eric Holder, Jr. , U.S. Atty. General's Office, Washington, DC, Michael Thomas Gray , U.S. Dept. of Justice c/o US Army Corps of Engineers, Jacksonville, FL, for Respondents.

Steven J. Rosenbaum , Covington & Burling, LLP, New York City, Elizabeth Baker Murrill , Ryan M. Seidemann , Atty. General's Office, Baton Rouge, LA, Alida C. Hainkel , Carl D. Rosenblum , Jones Walker , New Orleans, LA, Chilton Varner , Lewis Bondurant Jones , King & Spalding, LLP, Atlanta, GA, Katherine L. Rhyne , King & Spalding, LLP, Washington, DC, Peter W. Cleveland , Atty. General's Office, Jackson, MS, for Intervenors.

R. Ted Cruz , Morgan Lewis & Bockius, LLP, Houston, TX, for Chamber of Commerce of the United States of America, Amicus Curiae.

Before DUBINA, Chief Judge, EDMONDSON, Circuit Judge, and RESTANI, Judge.

DUBINA, Chief Judge:

This case concerns a challenge to an exploratory drilling plan under the Outer Continental Shelf Lands Act ("OCSLA"). 43 U.S.C. § 1331 et seq. The Bureau of Ocean Energy Management1 ("BOEM") approved the Shell Exploration Plan S-7444 ("Shell EP") to conduct drilling in the Gulf of Mexico. The Shell EP covers ten exploratory wells on offshore Alabama leases in...

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