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CENTER FOR BIOLOGICAL DIVERSITY v. BERNHARDT

No. 18-73400.

982 F.3d 723 (2020)

CENTER FOR BIOLOGICAL DIVERSITY; Defenders of Wildlife; Friends of the Earth; Greenpeace USA; Pacific Environment, Petitioners, v. David BERNHARDT; Bureau of Ocean Energy Management; United States Fish and Wildlife Service, Respondents, Hilcorp Alaska LLC, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Filed December 7, 2020.

Attorney(s) appearing for the Case

Rebecca Noblin (argued) and Jeremy C. Lieb , Earthjustice, Anchorage, Alaska; Eric P. Jorgensen , Earthjustice, Juneau, Alaska; Kristen Monsell and Emily Jeffers , Center for Biological Diversity, Oakland, California; for Petitioners.

James A. Maysonett (argued), Attorney, Appellate Section; Eric Grant , Deputy Assistant Attorney General; Jeffrey Bossert Clark, Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; for Respondents.

Svend A. Brandt-Erichsen (argued) and Linda R. Larson , Nossaman LLP, Seattle, Washington, for Respondent-Intervenor.

Before: Richard A. Paez and Johnnie B. Rawlinson, Circuit Judges, and Leslie E. Kobayashi, District Judge.

OPINION

Hilcorp Alaska, LLC, is an energy management company seeking to produce crude oil from Foggy Island Bay, along the coast of Alaska in the Beaufort Sea. To extract the oil from under the Beaufort Sea, Hilcorp will need to construct an offshore drilling and production facility. The facility—referred to...

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