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Sierra Club v. U.S. Defense Energy Support Center,

ELR Citation: 41 ELR 20253
Nos. No. 01-11-cv-41, (E.D. Va., 07/29/2011)

A district court held that environmental groups lacked standing to challenge contracts a Department of Defense agency entered into to purchase fuel derived from Canadian oil sands recovered crude oil (COSRC). The groups argued that the contracts violated the Energy Independence and Security Act of 2007, the APA, and NEPA. The groups' allegations, however, do not suffice for traditional injury-in-fact. They base their injuries on climate changes associated with greenhouse gas emissions that have caused or purportedly will cause generalized environmental impacts, such as increased frequency of intense storms, increased risk of fire to public lands, increased risk of damage to coastal properties, and loss of plant species. But they do not sufficiently allege that they have or will suffer injuries from pipeline transmission or the refining of COSRC, let alone the agency's purchasing contracts for fuel that may contain COSRC. Nor do the groups' allegations of a procedural injury satisfy the injury requirement, as they must show a separate concrete interest in order to assert a procedural injury here. The groups also failed to sufficiently plead a causal connection between their alleged injuries and the fuel contracts, and they failed to allege facts sufficient to establish redressability. The case was therefore dismissed.