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Chesapeake Climate Action Network v. Export-Import Bank

ELR Citation: 45 ELR 20019
Nos. 13-1820, (D.D.C., 01/21/2015) (Contreras, J.)

A district court held that environmental groups lack standing to challenge the U.S. Export-Import Bank's approval of a $90 million loan guarantee that supports a three-year, $100 million loan from a private bank to a coal exporter. The groups argued that the Bank's guarantee, which allows the coal company to export $1 billion in U.S. coal, will result in significant adverse effects on human health and the environment, and that the Bank violated NEPA and the APA by failing to consider such environmental impacts prior to approving the loan guarantee. The groups, however, lack standing. Although it was undisputed that the groups' members are injured by pollution produced from the process of exporting coal, the groups failed to establish that any alteration in the Bank's decision to authorize the loan guarantee could or would affect the amount of coal the company exports. They failed to show that a favorable decision from the court is likely to cause the coal company to reduce the volume of its exports. To the contrary, the record shows that company had already obtained sufficient financing to support its export business.