RECENT FEDERAL DECISIONS

June 2007

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Court of Appeals: Ninth Circuit Holds Federal Legislation Exempts All-American Canal-Lining Project from Environmental Review
Consejo de Desarrollo Economico de Mexical v. U.S., ___F.3d___

The Ninth Circuit Court of Appeals cleared the way for commencement of the concrete lining of the All-American Canal by determining that an environmental challenge to halt the lining project was moot. Based upon Congressional legislation passed in December 2006 (2006 Tax Relief and Health Care Act) that instructed the Secretary of the Interior to move forward immediately with the Canal lining project, the Ninth Circuit concluded it could not provide any effectual relief in the pending appeal. The 2006 Act rendered the statutory environmental claims moot because to enjoin the lining project would be contrary to Congress’s express instructions.