RECENT FEDERAL DECISIONS

December 2009

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District Court Finds Presidential Permit for U.S.-Canada Oil Pipeline Not Subject to Judicial Review
Natural Resources Defense Council, Inc. v. U.S. Department of State ___F.Supp.2d___

In Natural Resources Defense Council, Inc. v. U.S. Department of State, the U.S. District Court for the District of Columbia confirmed that the authority of the president of the United States to issue permits, whether exercised by him or an executive agency as his delegee, is not judicially reviewable under the Administrative Procedure Act (APA) or the National Environmental Policy Act (NEPA). Consequently, the court dismissed a lawsuit challenging a presidential permit for a United States—Canadian oil pipeline.