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CLF vs Andrus and oil drilling on Georges Bank: the first circuit attempts to balance conflicting interests

Journal Article · · Boston Coll. Environ. Aff. Law Rev.; (United States)
OSTI ID:6738998
In Round One, the court of appeals carefully evaluated Interior's efforts to comply with the requirements of the National Environmental Policy Act (NEPA) and, in addition, recognized for the first time that the Secretary of the Interior has a duty under the OCSLA and other statutes to protect the nation's fisheries while sponsoring OCS oil and gas exploration and development. In Round Two, however, the court conducted a superficial examination of Interior's supplemental environmental impact statement (EIS) before refusing to find a NEPA violation. In addition, the court held that the lease sale did not constitute an irretrievable commitment of resources in violation of the Endangered Species Act (ESA) and that, in spite of the Secretary's duty to provide all feasible safeguards for the Georges Bank fisheries, he was not required to promulgate best available and safest technology (BAST) regulations prior to the lease sale. Furthermore, the court refused to find that the lease sale would cause the plaintiffs irreparable harm, so that injunctive relief was not appropriate at the time of the lease sale.
OSTI ID:
6738998
Journal Information:
Boston Coll. Environ. Aff. Law Rev.; (United States), Journal Name: Boston Coll. Environ. Aff. Law Rev.; (United States) Vol. 8:2; ISSN BCERD
Country of Publication:
United States
Language:
English