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Ashley Creek Phosphate Co. v. Norton

ELR Citation: 35 ELR 20171
Nos. No. 04-35640, (9th Cir., 08/22/2005)

The court holds that a phosphate mining company lacks standing to challenge a competitor's phosphate mining project under the National Environmental Policy Act (NEPA). The company had no environmental interests at stake. Rather, it challenged the project because it might become an alternative supplier of phosphate should the project not go forward. The company's interests, therefore, are purely economic. But a purely economic injury that is not intertwined with an environmental interest does not fall within NEPA §102's zone of interests.