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Government
Administrative Procedures Act

Desert Protective Council, a California nonprofit corporation; Laborers' International Union of North America Local Union No. 1184 an organized labor union, et al. v. United States Department of The Interior, et al.

Published: Mar. 16, 2013 | Result Date: Mar. 1, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:12-cv-1281 Bench Decision –  Dismissal

Court

USDC Southern District of California


Attorneys

Plaintiff

Michael R. Lozeau
(Lozeau Drury LLP)

Laurens H. Silver

Richard Drury

Samuel B. Johnston


Defendant

Ayako Sato

Marissa A. Piropato

Rickey D. Turner Jr.
(U.S. Dept. of Justice)


Facts

The Desert Protective Council and Laborers' International Union of North America Local Union No. 1184 filed a complaint against the United States Department of the Interior, challenging the Ocotillo Wind Project under the National Environmental Policy Act. The Plaintiffs sought a declaratory judgment and an injunction seeking to set aside the project's approval.

Result

The Federal District Court for the Southern District of California ruled in favor of the government and dismissed the Plaintiffs' claims. In dismissing the matter, the Court concluded that the government conducted thorough studies on the project's environmental effects.


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