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American Petroleum Inst. v. Knecht

Citation: 8 ELR 20886
No. Nos. 78-623, -684, 12 ERC 1226/(D.D.C., 09/06/1978)

Granting defendants' motion for summary judgment, the court decides that it lacks jurisdiction to consider challenges to the approval by the National Oceanic and Atmospheric Administration (NOAA) of the Massachusetts and Wisconsin coastal zone management programs. Plaintiffs, oil companies and an industry trade association, challenged the conclusions of NOAA that the state plans comply with the Coastal Zone Management Act (CZMA), alleging that application of the consistency provisions in §307 of the CZMA to their activities would cause them serious injury. The court concludes that plaintiffs have not presented a justiciable case or controversy ripe for adjudication, however, because they have not demonstrated any legally cognizable injury resulting from the federal approval so as to provide standing. Plaintiffs have failed to show that the approvals will have any immediate and practical impact upon them, and the asserted injuries are too speculative to meet the required causal connection with the challenged federal approval.

Counsel for Plaintiffs
John T. Smith II
Covington & Burling
888 16th St. NW, Washington DC 20006
(202) 452-6000

Counsel for Defendants
Michael W. Reed
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-2779

Raymond M. Roder, Ass't Attorney General
114 E. State Capitol, Madison WI 53702
(608) 266-0764