On 17 January 2020, the Ninth Circuit Court of Appeals reversed orders of the Oregon District Court and remanded the case with instructions for the District Court to dismiss the case for lack of Article III standing. Two judges on a three-judge panel found the plaintiffs did not establish their claims were redressable by the courts.
Lawyers for the plaintiffs have announced that they will request a full Ninth Circuit review of this decision.
In Montana Environmental, Bull Mountain Development Company proposed to build a coal-fired power plant near a Class I area, which included parks, wilderness areas, and an Indian reservation. Id. at 512. The Montana Department of Environmental Quality (MDEQ) and the federal land manager (FLM), which is directly responsible for managing a Class I area, determined that the proposed coal-fired plant would adversely impact the visibility of a Class I area.
In the Matter of Application of Duke Energy Carolinas, LLC (Cliffside), Order Granting Certificate of Public Convenience and Necessity with Conditions, NC PUC, Docket No. E-7, Sub 790
PacifiCorp, Dba Pacific Power & Light Company, Request for Approval of draft RFP Denied, Public Utillity Commission of Oregon, UM 1208 (16 January 2007)
In re: Petition for determination of need for Glades Power Park Units 1 and 2 electrical power plants in Glades County, by Florida Power & Light Company, Docket No. 070098-EI Order No. PSC-07-0557-FOF-EI (2 July 2007)