Case: Healthy Gulf v. U.S. Department of the Interior

26-11284 | U.S. Court of Appeals for the Eleventh Circuit

Filed Date: April 20, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenges the federal government’s approval of BP’s Development Operations Coordination Document for the Kaskida offshore oil project, which the petitioners alleged violated the Administrative Procedure Act.  On April 20, 2026, several environmental non-profits,  including Healthy Gulf, Habitat Recovery Project, Center for Biological Diversity, Sierra Club, and Turtle Island Restoration Network — represented by Earthjustice — filed a petition for review with the U.S. Court of Appeals…

This case challenges the federal government’s approval of BP’s Development Operations Coordination Document for the Kaskida offshore oil project, which the petitioners alleged violated the Administrative Procedure Act. 

On April 20, 2026, several environmental non-profits,  including Healthy Gulf, Habitat Recovery Project, Center for Biological Diversity, Sierra Club, and Turtle Island Restoration Network — represented by Earthjustice — filed a petition for review with the U.S. Court of Appeals for the Eleventh Circuit. The petitioners sought review of the Department of the Interior (DOI) and the Bureau of Ocean Energy Management's (BOEM) approval of BP's Kaskida deepwater oil project in the Gulf of Mexico. In a press release, the petitioners stated that they challenged the approval because “legally required information” was “either missing or significantly flawed”. The plaintiffs brought this challenge under the Administrative Procedure Act (APA), alleging that the agencies' actions were arbitrary and capricious. 

On April 30, 2026, BP Exploration and Production Inc. moved to intervene as a defendant, and argued that it had an interest in the case because the approval of BP’s development operations coordination document would help to advance Kaskida’s development. On May 1, the court asked the parties to address the basis of the court’s jurisdiction to review BOEM’s approval of the operation plans for Kaskida. The defendants filed their response on May 15, contending that the Eleventh Circuit lacked jurisdiction to review the approval because it does not encompass a state that would be affected by the oil and gas project. Instead, they argued that the 5th Circuit Court of Appeals would have jurisdiction because it encompasses Louisiana, an affected state. The defendants also argued that the petitioners had not yet established standing. Also on May 15, BP Exploration and Production sought leave to submit its own response to the jurisdictional question as intervenor defendants. The petitioners filed their own response to that question the same day.

On May 19, 2026, the petitioners moved to unrelate this case from W&T Offshore Inc v. Secretary, U.S. Department of the Interior et al. (26-11211). This motion was mooted on June 4 because that case was dismissed. 

The court granted BP Exploration and Production’s motion to intervene on June 4, 2026

As of June 29, 2026, this case remains ongoing. 

Summary Authors

Kara Wilczynski (7/7/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73214680/parties/healthy-gulf-v-us-department-of-the-interior/


Expert/Monitor/Master/Other

Burgam, Doug (Alabama)

DOJ-Civ, Appeals (Alabama)

Ellis, Angela (Alabama)

General, U.S. Attorney (Alabama)

Giacona, Matthew (Alabama)

Documents in the Clearinghouse

Documents in this case
1-2

26-11284

Petition for Review

April 20, 2026

April 20, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73214680/healthy-gulf-v-us-department-of-the-interior/

Last updated Aug. 30, 2026, 3:12 a.m.

Docket for: Healthy Gulf v. U.S. Department of the Interior
ECF Number Date Description Link
1 April 20, 2026

AGENCY PETITION / APPLICATION DOCKETED. Filed by Petitioners Center for Biological Diversity, Habitat Recovery Project, Healthy Gulf, Sierra Club and Turtle Island Restoration Network. Fee Status: Fee Paid. See attached docketing notice for important information, including deadlines. [Entered: 04/20/2026 11:28 AM]

1 DKT-8 Notice to Counsel/Parties

View on RECAP

2 Agency Case Docketed - Petition for Review

View on RECAP

3 Ex. A - Kaskida Approval Letter

View on RECAP

4 Certificate of Interested Persons and Corporate Disclosure Statement

View on PACER

5 Error

View on PACER

2 April 20, 2026

APPEARANCE of Counsel Form filed by Brettny E. Hardy for Center for Biological Diversity, Habitat Recovery Project, Healthy Gulf, Sierra Club and Turtle Island Restoration Network. Related cases? No. [26-11284] (ECF: Brettny Hardy) [Entered: 04/20/2026 12:50 PM]

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3 April 20, 2026

APPEARANCE of Counsel Form filed by Rumela Roy for Center for Biological Diversity, Habitat Recovery Project, Healthy Gulf, Sierra Club and Turtle Island Restoration Network. Related cases? No. [26-11284] (ECF: Brettny Hardy) [Entered: 04/20/2026 12:51 PM]

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4 April 21, 2026

APPEARANCE of Counsel Form filed by Angela Ellis for U.S. Department of the Interior; Doug Burgum; Bureau of Ocean Energy Management; Matthew Giacona Related cases? No. [26-11284] (ECF: Angela Ellis) [Entered: 04/21/2026 04:39 PM]

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5 April 30, 2026

APPEARANCE of Counsel Form filed by George W. Hicks, Jr. for BP Exploration & Production Inc. Related cases? No. [26-11284] (ECF: George Hicks) [Entered: 04/30/2026 08:29 PM]

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6 April 30, 2026

MOTION to intervene filed by George W. Hicks, Jr. for BP Exploration and Production Inc.. [6] [26-11284] (ECF: George Hicks) [Entered: 04/30/2026 08:30 PM]

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7 May 1, 2026

JURISDICTIONAL QUESTION issued as to Healthy Gulf and Turtle Island Restoration Network. [Entered: 05/01/2026 03:11 PM]

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8 May 11, 2026

***DOCKETED IN ERROR - CIP FILED WITH PETITION***NOTICE OF CERTIFICATE OF INTERESTED PERSONS (CIP) DEFICIENCY issued to Brettny E. Hardy for Center for Biological Diversity, Sierra Club, Healthy Gulf, Habitat Recovery Project and Turtle Island Restoration Network and Rumela Roy for Center for Biological Diversity, Sierra Club, Healthy Gulf, Habitat Recovery Project and Turtle Island Restoration Network. You have failed to file the CIP. If you are an appellant or petitioner, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b), this appeal will be dismissed without further notice upon the expiration of 14 days from the date of this notice unless you remedy the default(s). If you are an appellee or respondent, pursuant to 11th Cir. R. 26.1-5(c), no action may be taken on your filings until you comply with the CIP rules.--[Edited 05/11/2026 by AJR] [Entered: 05/11/2026 09:45 AM]

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9 May 11, 2026

Brettny E. Hardy for Petitioners Center for Biological Diversity, Sierra Club, Healthy Gulf, Habitat Recovery Project and Turtle Island Restoration Network and Rumela Roy for Petitioners Center for Biological Diversity, Sierra Club, Healthy Gulf, Habitat Recovery Project and Turtle Island Restoration Network is notified that, pursuant to 11th Cir. R. 42-1(b), this appeal will be dismissed without further notice upon the expiration of 14 days from the date of this notice unless the appellant files a Civil Appeal Statement. [Entered: 05/11/2026 09:48 AM]

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May 11, 2026

NOTICE OF CERTIFICATE OF INTERESTED PERSONS (CIP) DEFICIENCY issued to Brettny E. Hardy for Center for Biological Diversity, Sierra Club, Healthy Gulf, Habitat Recovery Project and Turtle Island Restoration Network and Rumela Roy for Center for Biological Diversity, Sierra Club, Healthy Gulf, Habitat Recovery Project and Turtle Island Restoration Network. You have failed to file the CIP. If you are an appellant or petitioner, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b), this appeal will be dismissed without further notice upon the expiration of 14 days from the date of this notice unless you remedy the default(s). If you are an appellee or respondent, pursuant to 11th Cir. R. 26.1-5(c), no action may be taken on your filings until you comply with the CIP rules.

10 May 15, 2026

Response to Jurisdictional Question filed by Respondents Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior [26-11284] (ECF: Angela Ellis) [Entered: 05/15/2026 05:41 PM]

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11 May 15, 2026

MOTION to intervene filed by George W. Hicks, Jr. for BP Exploration and Production Inc. (Proposed Intervenor-Respondent) Motion To Submit Response to Jurisdictional Question. [11] [26-11284] (ECF: George Hicks) [Entered: 05/15/2026 06:12 PM]

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12 May 15, 2026

Response to Jurisdictional Question filed by Petitioners Center for Biological Diversity, Habitat Recovery Project, Healthy Gulf, Sierra Club and Turtle Island Restoration Network [26-11284] (ECF: Brettny Hardy) [Entered: 05/15/2026 10:29 PM]

RECAP
13 May 18, 2026

Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [26-11211, 26-11284] [Entered: 05/18/2026 04:05 PM]

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14 May 19, 2026

NOTICE OF CERTIFICATE OF INTERESTED PERSONS (CIP) DEFICIENCY issued to Angela Ellis for Bureau of Ocean Energy Management, U.S. Department of the Interior, Director, Bureau of Ocean Energy Management, Regulation and Enforcement and Secretary, U.S. Department of the Interior. You have failed to file the STANDALONE CIP. If you are an appellant or petitioner, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b), this appeal will be dismissed without further notice upon the expiration of 14 days from the date of this notice unless you remedy the default(s). If you are an appellee or respondent, pursuant to 11th Cir. R. 26.1-5(c), no action may be taken on your filings until you comply with the CIP rules. [Entered: 05/19/2026 10:46 AM]

RECAP
15 May 19, 2026

Civil Appeal Statement filed by Attorney Brettny E. Hardy for Petitioners Center for Biological Diversity, Habitat Recovery Project, Healthy Gulf, Sierra Club and Turtle Island Restoration Network. Related cases? No. [26-11284] (ECF: Brettny Hardy) [Entered: 05/19/2026 11:19 AM]

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16 May 19, 2026

Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [Entered: 05/19/2026 12:43 PM]

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17 May 19, 2026

MOTION Petitioners seek to unrelate W&T Offshore, Inc. v. Secretary, U.S. Department of the Interior, et al., Case No. 26-11211 (11th Cir. Apr. 13, 2026) and this case filed by Center for Biological Diversity, Habitat Recovery Project, Healthy Gulf, Sierra Club and Turtle Island Restoration Network. Motion is Unopposed. [17] [26-11284] (ECF: Brettny Hardy) [Entered: 05/19/2026 03:37 PM]

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18 May 19, 2026

Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Angela Ellis for Respondents Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [26-11284] (ECF: Angela Ellis) [Entered: 05/19/2026 05:44 PM]

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19 May 19, 2026

MOTION for extension of time to file agency record to 07/01/2026 filed by Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior. Motion is Unopposed. [19] [26-11284] (ECF: Angela Ellis) [Entered: 05/19/2026 05:49 PM]

RECAP
May 19, 2026

NOTICE OF CERTIFICATE OF INTERESTED PERSONS (CIP) DEFICIENCY issued to Angela Ellis for Bureau of Ocean Energy Management, U.S. Department of the Interior, Director, Bureau of Ocean Energy Management, Regulation and Enforcement and Secretary, U.S. Department of the Interior. You have failed to file the STANDALONE CIP. If you are an appellant or petitioner, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b), this appeal will be dismissed without further notice upon the expiration of 14 days from the date of this notice unless you remedy the default(s). If you are an appellee or respondent, pursuant to 11th Cir. R. 26.1-5(c), no action may be taken on your filings until you comply with the CIP rules.

May 19, 2026

Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file.

20 May 20, 2026

ORDER: Motion for extension to file agency record filed by Respondents Bureau of Ocean Energy Management, U.S. Department of the Interior, Director, Bureau of Ocean Energy Management, Regulation and Enforcement and Secretary, U.S. Department of the Interior is GRANTED by clerk [19]. [Entered: 05/20/2026 11:22 AM]

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21 June 4, 2026

ORDER: Motions by BP Exploration & Production, Inc. for leave to intervene as a respondent and for leave to file a response to the jurisdictional question are GRANTED. [11] JP (See attached order for complete text) [Entered: 06/04/2026 03:45 PM]

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22 June 4, 2026

Response to Jurisdictional Question at Exhibit A filed by Intervenor BP Exploration & Production Inc. [Entered: 06/04/2026 03:56 PM]

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23 June 4, 2026

MOTION MOOT: Motion is MOOT [17] 26-11211 was dismissed 06/04/2026. Motion filed by Petitioner Healthy Gulf. [Entered: 06/04/2026 04:56 PM]

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June 4, 2026

MOTION MOOT: Motion is MOOT 17 26-11211 was dismissed 06/04/2026. Motion filed by Petitioner Healthy Gulf.

24 July 1, 2026

Administrative Agency Record on Appeal Filed. [26-11284] (ECF: Angela Ellis)

RECAP
25 July 2, 2026

Briefing Notice issued to Petitioner Healthy Gulf. The appellant's brief is due on or before 08/11/2026. The appendix is due no later than 7 days from the filing of the appellant's brief.

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26 July 15, 2026

MOTION to dismiss appeal for lack of appellate jurisdiction filed by BP Exploration & Production Inc. Motion is Opposed. [26] [26-11284] (ECF: George Hicks)

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27 July 15, 2026

Administrative Agency Record on Appeal Filed. [26-11284] (ECF: Angela Ellis)

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28 July 15, 2026

MOTION to dismiss appeal for lack of appellate jurisdiction filed by Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior. Motion is Opposed. [28] [26-11284] (ECF: Angela Ellis)

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29 July 16, 2026

TIME SENSITIVE MOTION to stay the briefing schedule filed by Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior. Motion is Opposed. [29] [26-11284] (ECF: Angela Ellis)

RECAP
30 July 21, 2026

MOTION for extension of time to file response to motion to 08/14/2026 filed by Center for Biological Diversity, Habitat Recovery Project, Healthy Gulf, Sierra Club and Turtle Island Restoration Network. Motion is Unopposed. [30] [26-11284] (ECF: Brettny Hardy)

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32 July 22, 2026

Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney George W. Hicks, Jr. for Intervenor BP Exploration & Production Inc. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [26-11284] (ECF: George Hicks)

RECAP
July 22, 2026

NOTICE OF CERTIFICATE OF INTERESTED PERSONS (CIP) DEFICIENCY issued to George W. Hicks, Jr. for BP Exploration & Production Inc. You have failed to file the CIP and failed to complete the Web-Based CIP on the Court's website. If you are an appellant or petitioner, pursuant to 11th Cir. Rules 26.1-5(c) and 42-1(b), this appeal will be dismissed without further notice upon the expiration of 14 days from the date of this notice unless you remedy the default(s). If you are an appellee or respondent, pursuant to 11th Cir. R. 26.1-5(c), no action may be taken on your filings until you comply with the CIP rules.

33 July 24, 2026

ORDER: Motion for extension to file response to motion filed by Petitioners Center for Biological Diversity, Sierra Club, Healthy Gulf, Habitat Recovery Project and Turtle Island Restoration Network is GRANTED. [30] Response due on 08/14/2026. AJ (See attached order for complete text)

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34 July 27, 2026

RESPONSE to Motion to stay briefing filed by Respondents Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior [29] filed by Attorney Brettny E. Hardy for Petitioners Center for Biological Diversity, Habitat Recovery Project, Healthy Gulf, Sierra Club and Turtle Island Restoration Network. [26-11284] (ECF: Brettny Hardy)

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35 July 29, 2026

REPLY to RESPONSE to Motion [29] filed by Respondents Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior. [26-11284] (ECF: Angela Ellis)

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36 Aug. 3, 2026

ORDER: The motion to stay the appeal is GRANTED. This appeal is stayed until an order is issued on the motion to dismiss or transfer pending before this Court. [29] RJL (See attached order for complete text)

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37 Aug. 5, 2026

TIME SENSITIVE MOTION to adopt motions or responses filed by Healthy Gulf, Habitat Recovery Project, Center for Biological Diversity, Sierra Club and Turtle Island Restoration Network. Opposition to Motion is Unknown. [37] [26-11284] (ECF: Rumela Roy)

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38 Aug. 13, 2026

ORDER: The motion for leave to file a consolidated response to the motions to dismiss or transfer containing up to 7,800 words filed by Petitioners Healthy Gulf, Habitat Recovery Project, Center for Biological Diversity, Sierra Club, and Turtle Island Restoration Network is GRANTED. [37] EJK (See attached order for complete text)

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39 Aug. 14, 2026

RESPONSE to Motion filed by Respondents Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior [28], Motion filed by Intervenor BP Exploration & Production Inc and Not Party BP Exploration & Production Inc [26] filed by Attorney Brettny E. Hardy for Petitioners Center for Biological Diversity, Habitat Recovery Project, Healthy Gulf, Sierra Club and Turtle Island Restoration Network. [26-11284] (ECF: Brettny Hardy)

1 Petitioners' Opposition to Respondents' and BP's Motions to Dismiss or Transfer

View on RECAP

40 Aug. 15, 2026

MOTION for extension of time to file reply to response to 08/28/2026, filed by BP Exploration & Production Inc. Motion is Unopposed. [40] [26-11284] (ECF: George Hicks)

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41 Aug. 17, 2026

MOTION for extension of time to file reply to response to 08/28/2026, filed by Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior. Motion is Unopposed. [41] [26-11284] (ECF: Angela Ellis)

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42 Aug. 19, 2026

ORDER:The motion for an extension of time to and including August 28, 2026 to file Appellees' reply to response is GRANTED. [41], The motion for an extension of time to and including August 28, 2026 to file Intervenor's reply to response is GRANTED. [40] KCN (See attached order for complete text)

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43 Aug. 28, 2026

REPLY to RESPONSE to Motion [26] filed by Intervenor BP Exploration & Production Inc. [26-11284] (ECF: George Hicks)

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44 Aug. 28, 2026

REPLY to RESPONSE to Motion [28] filed by Respondents Bureau of Ocean Energy Management, Director, Bureau of Ocean Energy Management, Regulation and Enforcement, Secretary, U.S. Department of the Interior and U.S. Department of the Interior. [26-11284] (ECF: Angela Ellis)

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Case Details

State / Territory:

- United States (national) -

Case Type(s):

Environmental Justice

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: April 20, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are several environmental non-profit organizations.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Earthjustice

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

Bureau of Ocean Energy Management

United States Department of the Interior

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

U.S. Court of Appeals for the Eleventh Circuit 26-11284

Special Case Type(s):

Appellate Court is initial court

Available Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Stay of government action

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Environmental Justice and Resources:

Petroleum and petroleum byproducts

Recommended Citation