On August 11, 2021, the Ninth Circuit dismissed, as moot, an appeal concerning the propriety of a wildly overbroad district court order that blocked all new oil and gas line projects, nationwide. As WLF contended in its amicus brief, the plaintiffs here lacked standing to obtain nationwide relief. Rather than issue a nationwide injunction, the trial court should have simply remanded to the agency and its experts to fix the supposed procedural defect. But now the U.S. Army Corps’ issuance of a new nationwide permit supersedes the agency action that was at issue on appeal. As a result, the Ninth Circuit held that the interlocutory appeal and the underlying claims are moot.
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