NATIVE VILLAGE OF POINT HOPE v. JEWELL

No. 12-35287.

740 F.3d 489 (2014)

NATIVE VILLAGE OF POINT HOPE; Inupiat Community of the Arctic Slope; Alaska Wilderness League; Center for Biological Diversity; National Audubon Society; Natural Resources Defense Council; Northern Alaska Environmental Center; Oceana; Pacific Environment; Resisting Environmental Destruction on Indigenous Lands, A Project of the Indigenous Environmental Network (Redoil); Sierra Club; The Wilderness Society; World Wildlife Fund; Defenders of Wildlife, Plaintiffs-Appellants, v. Sally JEWELL, Secretary of the Interior; Bureau of Ocean Energy Management; Tommy Beaudreau, Director of the Bureau of Ocean Energy Management, Defendants-Appellees, Shell Gulf of Mexico, Inc.; Conocophillips Company; State of Alaska; Statoil USA E & P, Inc., Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 22, 2014.


Attorney(s) appearing for the Case

Erik Clifford Grafe (argued), Earthjustice, Anchorage, AK; Eric Paul Jorgensen , Earthjustice, Juneau, AK, for Plaintiffs-Appellants.

David C. Shilton (argued), United States Department of Justice, Washington, D.C., for Defendants-Appellees.

Kyle W. Parker (argued), Crowell & Moring LLP, Anchorage, AK; Jeffrey Wayne Leppo and Ryan P. Steen , Stoel Rives, LLP, Seattle, WA; Ken Diemer and Rebecca Kruse , Office of Alaska Attorney General, Anchorage, AK; and James Leik , Perkins Coie LLP, Anchorage, AK, for Intervenor-Defendants-Appellees.

Opinion by Judge W. FLETCHER; Partial Concurrence and Partial Dissent by Judge RAWLINSON.


OPINION

W. FLETCHER, Circuit Judge:

The Bureau of Ocean Energy Management ("BOEM")1 of the Department of the Interior has sought to lease "excellent prospects" for oil and gas development in the Chukchi Sea off the northwest coast of Alaska. The parcels available for lease are cumulatively known as Lease Sale 193. Pursuant to the National Environmental Policy Act ("NEPA"), BOEM prepared a Final Environmental Impact Statement...

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