American Independence Mines v. U.S. Department of Agriculture –
(Originated in Idaho)
U.S. Supreme Court – cert petition
Plaintiffs challenged USDA’s NEPA assessment on a motor
vehicle rule issued by the agency. The district court dismissed the case for
lack of prudential standing under Ninth Circuit precedent holding that “purely”
economic interests are legally insufficient to confer prudential standing in
the NEPA. Petitioners argue that excluding those seeking to protect economic
interests from challenging an agency’s compliance with the NEPA sharply
conflicts with decisions of the Supreme Court and the Eighth Circuit on an
important, recurring issue of federal law.
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