Ashley Creek Phosphate Co. v. Gale Norton

420 F.3d 934 ASHLEY CREEK PHOSPHATE CO., Plaintiff-Appellant, v. Gale NORTON, Secretary, United States Department of the Interior; Nu-West Industries, Inc., dba: Agrium Conda Phosphate Operations, Defendants-Appellees. No. 04-35640. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 7, 2005. Filed August 22, 2005. E. Craig Smay, E. Craig Smay, P.C., Salt Lake City, UT, for the appellant. Zach C. Miller, Davis Graham & Stubbs, Denver, CO, for the appellees. Robert C. Grisham, Assistant United States Attorney, Boise, ID, for the appellees. Appeal from the United States District Court for the District of Idaho; B. Lynn Winmill, District Judge, Presiding. D.C. No. CV-03-00499-BLW. Before FERGUSON, BEEZER, and McKEOWN, Circuit Judges. McKEOWN, Circuit Judge. 1 The issue we address is whether Ashley Creek Phosphate Company has standing to bring this action under the National Environmental Policy Act ("NEPA"). Ashley Creek has no environmental stake in the phosphate mining project at issue, which is some 250 miles from the phosphate Ashley Creek controls. Indeed, its only interest is an economic one: if the project does not go forward, Ashley Creek speculates…