Justia Native American Law Opinion Summaries

In 2015, bipartisan legislation repealed the U.S. ban on crude oil exports, leading to expanded efforts to export U.S. crude oil. This case involves an administrative challenge to a construction permit issued by the U.S. Army Corps of Engineers for expanding operations at the Moda Ingleside Crude Export Terminal in Texas. The expansion includes constructing new docks and a turning basin, requiring dredging and discharging material into U.S. waters. The Corps conducted an Environmental Assessment (EA) and approved the permit. Plaintiffs, including Native American tribes and an environmental association, sued to invalidate the permit, claiming violations of the National Environmental Policy Act (NEPA), the Clean Water Act (CWA), and the Administrative Procedure Act (APA).The United States District Court for the Southern District of Texas denied summary judgment for the plaintiffs and granted summary judgment for the Corps, concluding that the Corps had adequately studied the environmental impacts of the proposed expansion. The court found that plaintiffs had associational standing but had waived certain claims by not raising them in summary judgment briefing. The court also found that plaintiffs forfeited claims related to increased vessel traffic by not raising them during the notice-and-comment period.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The Fifth Circuit held that the Corps did not act arbitrarily or capriciously in its environmental impacts analysis, including its assessment of cumulative impacts and climate change. The court found that the Corps's EA was sufficient and that an Environmental Impact Statement (EIS) was not required. The court also agreed that plaintiffs had forfeited arguments related to increased vessel traffic. The judgment of the district court was affirmed. View "Indigenous Peoples v. U.S. Army" on Justia Law