Facts

Center for Biological Diversity, Pacific Environment, and Turtle Restoration Network brought an action against the Export-Import Bank of the United States, and Fred P. Hochberg for declaratory and injunctive relief relating to environmental claims.

PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that the Export-Import Bank decided to provide nearly $4.8 billion in financing for two natural gas projects in Australia's Great Barrier Reef World Heritage Area, but failed to comply with environmental laws of the Endangered Species Act, the National Historic Preservation Act, and the Administrative Procedure Act. Plaintiffs argued the Export-Import Bank failed to consider the two projects' substantial impacts on threatened and endangered species in Australia's Great Barrier Reef World Heritage Area. Plaintiffs argued that Export-Import Bank should have, but failed to, consulted with the United States wildlife agencies before funding the projects.

DEFENDANT'S CONTENTIONS:
Defendants filed a motion to dismiss arguing whether plaintiffs can challenge Fish and Wildlife Service and the National Marine Fisheries Service's regulation, when neither agency is a party to the case, and whether plaintiffs' challenge is barred by statute of limitations.

Result

The court granted defendants motion to dismiss with leave to amend. In granting the motion, the court found, in part, that Export-Import Bank was not required to consult with National Marine Fisheries Services or the U.S. Fish and Wildlife Service before funding the projects.